Terms and Agreements

1. The Contract supersedes all other documents and includes only what is stated within the Description of Services, Quotation, the Design Layout, and Design Material Selection
documents signed by both parties. Anything outside of these documents will not be included within the contract scope and was not covered by the “the Contractor” during the pricing stage.

2. Any requests after the design finalization are subject to the “Change Order Process” and will be charged accordingly as explained within the “Change Order Process”. Items that are required by the “Contractor” to complete the job which have been caused due to site conditions or undiscovered items which the client may or may not have been aware of are required to run through the “Change Order Process”.

3. Permits, Blueprints, and Project Surveys
a. Project permits drawings can be produced at a cost to client based off the project requirements if requested.
b. If the project survey is required, and customer cannot provide it, this can be completed at an addition cost.
c. If “the Client” has chosen not to pursue any permit packages, they take financial responsibility for the permit process and any changes that may be requests by the municipal building governing body.
d. In the even of a city inspection or a revision request by the city, any work outside of the contract agreement which has been charged, will be at a cost.
i. Examples of this may include but are not limited to the following:
changing insulation, adding fire separation, adding extra layers of drywall,
revising existing structural or mechanical or electrical, exposing
underground plumbing in spaces under existing bathroom, completing
cuts in areas to expose existing materials and systems, changing doors,
changing design do to low height restrictions, and more.

4. The Contractor agrees to supply all necessary material and supervision to carryout the scope of work unless otherwise stated within the contract notes.

5. The Contractor agrees to cover all disposal fees associated with the project being completed unless otherwise stated within the contract notes.

6. Asbestos, mold, and other dangerous materials removals are to be completed either before the project commences by a third-party specialist team prior to the contract work commencement or by the Contractor if priced into the project. Any costs associated with the removal of a specialized item if found will be charged to the client by means of a change order request and will add extra time to the project.

7. Scheduling
a. Timing – Material delivery and site preparation work will begin: The week of ______________________ between Monday, ___________________ and Friday, ___________________
b. Duration of Work – (Substantial Completion):
i. The construction project will be completed within a total of __________ business days (5 business days are equal to 1 calendar week.
ii. Electrical Panel upgrades, disconnects, connects are subject to each municipality and their schedule and the Contractor does not grantee an exact date for this item.
iii. If a third party is involved such as a local distribution company from conception or through a change order, then the project schedule for all items will not prevent all other items to be closed off and paid for.

8. Payment Process
a. Preconstruction + Deposit payment is due upon signing of the contract.
b. Each subsequent payment is due upon the commencement of each milestone stated within the project financial outline.
c. Final Payment will be due upon completion of Final Stages. (Electrical panel upgrades or other third-party reliance will be paid as a separate item upon completion of that item)
d. Failure to pay upon a milestone commencement, “The Contractor” holds the right to stop the project until payments are made to date.
e. “The Contractor” holds the rights to take legal action after 30 days of a missed payment which may result in the payment that is required + legal fees or fees associated for a collection agency service.

9. Change Order Process
a. Contract items are only subject to change upon a “Change Order Request”, which will add days to the schedule and cost to the client.
b. Change order requests will be priced on a by job basis and not by a square footage price due to delivery, accessibility, and other fixed + variable costs.
c. Change orders are to be paid upon the agreement of said request and not by a project milestone.
d. Extras will be calculated in the following manner depending on the item:
i. _____ Material cost plus hourly rate of $ _____
ii. _____ Labour and material cost plus _____%
iii. _____ A lump sum to be agreed on in advance by both parties.

10. Material Availability
a. Due to circumstances out of the control of “the Contractor”, there may be material delays on selected items. In the situation this may arise, “the Client” will be subject to reselect the material which has been deemed back logged or discontinued.
b. Any materials “the Client” is supplying is required to be on site 10 business days prior to installation.

11. Storage Space
a. The Client is to provide a dedicated area within their garage or another suitable area on site which is safe from exterior elements.

12. Portably Bathroom
a. Client is to provide a bathroom for the workers during construction which will be cleaned by “The Contractor” cleaning crew upon project completion; or
b. A portable bathroom can be provided by the contractor directly at the cost of $300.00 a month (taxes extra)
c. The client may provide a suitable clean portable bathroom and take financial responsibilities.
d. Select an option which suits the client’s requirements __________Client Initials___________

13. Workmanship
a. Contract workmanship is required to be in accordance with the building standard set out by The Tarion Guidelines.
b. Flooring and ceiling will have deviations from level due to various reasons and the Contractor does not take responsibility for these existing conditions.
c. Self leveling can be provided to the client at a cost of $125.00 + applicable taxes per bag for leveling.
d. This contract does not include the remediation of unforeseen wood rod, termites, defects, and any other existing areas. This will be priced out accordingly using the change order process. If this is declined, the Client takes full responsibility for any future problems.
e. Any walls or finished areas outside of the designated renovation area within the Description of Services that have to be cut into due to mechanical, structural, or electrical analysis/work required will be at an extra cost of $460/patch. (under 24”x24” is considered a patch)
f. Any painting associated with patching walls outside of the Description of Services will be at a Time and Material cost basis and the client is required to provide the paint.

14. Demolition
a. During a demolition, CMY Renovations ltd takes no responsibility for nail pops, screw pops, other defects outside of the renovation area caused by the vibration of the work being completed. These are unknowns and cannot be priced into the contact and will be priced out if they take place on a set amount or a time & material basis agreed by both parties.

15. Mechanical items during construction
a. HVAC, plumbing, electrical, gas, central vac, and other services will be framed around to ensure a tight fit whenever possible.
b. Anything under 2ft will be automatically bulk headed in unless otherwise requested in writing prior to the project commencement date.

c. If the Client requests a change order to have the service moved into a new location, “the Contractor” will provide a cost for this request in writing which will require a change order request.
d. Furnace filter changing is the responsibility of “the Client”. (Twice a week during construction is recommended)
e. Furnace switch may be left in the off position the team leave to allow the dust to settle and not be pulled into the furnace and clog the furnace.

16. Substantial Completion
a. The project has reached a point that the owner can be use it for its intended usage. The substantial completion list or punch list is a form of creating the finish point at which the project will be deemed completed and final payment will be due.

17. Warranty
a. “The Contractor” warranties the project for 2 years from the project completion date.
b. Warranty is on labor only.
c. Humidity is to stay between 35%-55% to maintain full warranty.
d. The contract/quote can be used as the warranty for the project with proof of final payments.

18. Accessibility
a. “The Contractor” requires uninhibited access during the hours of 7:00am – 7:00pm to the material, disposal area, appointment bathroom, and the construction area during the project schedule.
b. Representatives from “the Contractor” will not be able to provide exact times due to a diverse list of reasons, thus, the access is required during the working hours of the project. This does not mean they will be there at 7:00am and leave at 5:30pm (unless confirmed by client its ok to work later). This means they will have access and complete the work during the hours of operation. “The Client” does not need to be home for the work to be completed and should not inconvenience themselves.
c. The project schedule is from start date on site to the final sign off the substantial completion list.
d. A lock box will be provided to the client to place a key for access.

19. Communication
a. The project managers time working hours are between 8am-6pm Monday to Friday, unless Saturdays are scheduled, and trades are on site. In this event, the project manager will take calls and visit the site (emergency only)
b. In the case of an emergency, please call, text, and email the project manager and he or she will get back to you as soon as they become available. If the project manager is not able to answer, it is “the Client” responsibility to call 647 767 9475 to report the issue immediately.
c. If there is a plumbing problem, please shut the water off right away and a representative will be out as soon as they become available. (usually same day
or night)
d. Management of communication with parties involved requires a single person or persons approval which have been agreed at signing. The person(s) has the power to complete confirmations and sign offs towards project details including design choices, change orders, costs and other project details.
i. Name the person or persons:
1. Stephanie Smith
2. Peter Scott
3. _______________________
ii. In the event a person with the power to confirm, confirms an item, and the other party members do not agree, the Client still is responsible for the change and/or is responsible for the change back.
e. The project manager is the main point of contact, and any changes or requests are required to be made through them or can be approved by upper
management. It is not permitted to order, harass, or create confusion by speaking with the trades directly. Any delays, issues, or costs associated with this may be charged to the clients.

20. Third Party Contractors  
a. Client representative is classified as a trade, installer, delivery team, or any other third party which has been hired directly by “the Client”.
b. Any damage to the project such as: drywall cuts, wall damage, floor scratches, and anything which can be classified as damaged by “the Client” representatives, will be charged to “the Client” on a Time and Material basis.
c. Any extra deliveries or disposal runs due to a client’s representative, will also be charged to “the Client” from CMY Renovation ltd accordingly.
d. If it is unreasonable to work with “the Client” representative(s) on site until they are finished, a written notice will be provided to “the Client” explaining the reasoning why and any scheduling confirmations will be terminated.

21. Photographs  
a. Client agrees to allow the contractor to photograph Project during all stages of the project including when project is complete. Photographs will be used for business purposes, including, but not limited to: press, publications, online, social media, marketing, advertising, and print.  The contractor will not disclose addresses or Client’s name without prior consent.

22. Confidentiality
a. The Contractor, and its employees, agents or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Contractor, or divulge, disclose, or communicate in any manner, any information that is proprietary to………………………………. The Contractor and its employees, agents and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.

23. Cancellation Policy
a. The Contract can be canceled within 48 hours of the signing without any costs to the Client.
b. After the first 48hours, all costs associated with preparing the project logistically, in terms of design, preparation, and/or other items directly related to setting up the project will be charged to the client which is not a cancelation penalty, but a reimbursement of “out of pocket” expenses caused by the cancelation.
c. Once the project has moved into the design phase of the project and the first meetings has taken place, there will be a penalty if cancellation has been sought after of 8%.
d. After material has been delivered to site the penalty will be increased to 15% of the total contract cost.
e. Once work commences, the next project milestone within the contract price will be owed to the Contractor in the event the Client seeks to cancel the project. This payment will be to cover all logistical, accounting charges, deliveries, materials, labor costs of trades including, but not limited to, sales representatives, on site trades workers, designers, project managers, accounting department, or the controller.

24. Drawings
a. Designer’s drawings are conceptual in nature and are intended to set forth design intent; they are not to be used for architectural or engineering purposes. Designer services do not include modifications to structural, heating, air conditioning, plumbing, electrical, ventilation or other mechanical systems in the Project. The designer is not responsible for incorrect measurements provided by the client. The Layout produced by a designer will be used on site, but the square of the walls may require minor alterations due to existing site conditions.
b. During the design appointment, it is the client’s responsibility to confirm any details they want completed for the project. The designer, the Contractor, and any representatives that will offer recommendations for projects from CMY Renovation ltd will not be held accountable for not offering an item the client wanted completed. There are countless upgrades and details for all projects, so if the client does not bring something up which has not been offered, it is the client’s responsibility to either pay for the change order or accept the project as it was agreed upon.

25. Excusable delays
a. If there are situations beyond of the Contractor’s control, the Contractor can not be held accountable for this. This situation is, but is not limited to the following: natural disasters or Acts of God, dangerous road conditions which are above regular storm weather, unnatural disasters like fire or gas leaks, Client making changes to original scope that was agreed upon, permit delays, unavailability of materials, delays resulting from Client information being incorrect, restricted access to the project, and other items which are unforeseen items that required a change order.

26. Non-Excusable Delays
a. If the Contractor has been absent for more than 48 hours after the Client has attempted to contact him/her by text and phone this is a breach of contract, and the client may cancel the contract without paying the following milestone. All costs to date will still be owed for the work that has been completed, the material that has been ordered and needs to be restocked if possible or has been already dropped off on site. No other fees will be owed, and the contract can be considered closed once all paperwork and invoicing has been taken care of to date. Any electrical permits will also be closed off from the project and will require to be reopened under a new master licence.

27. Workplace Violence Policy
a. The Management of CMY Renovations ltd is committed to prevention of workplace violence and is ultimately responsible for worker health and safety. We will take what ever steps are reasonable to protect our workers from workplace violence and harassment from all sources, including Clients & sub-contractors.
b. Violent behaviour in the workplace is unacceptable from anyone. This policy applies to the employees, subcontractors and Clients of CMY Renovations ld. Everyone is expected to uphold this policy and to work together to prevent workplace violence.
c. Management pledges to investigate and deal with all incidents and complaints of workplace violence in a fair and timely manner, respecting the privacy of all concerned as much as possible.

28. Workplace Harassment Policy
a. CMY Renovations ltd is committed to providing a work environment in which all workers are treated with respect and dignity. Workplace harassment will not be tolerated from any person in the workplace (including customers, Clients, other employers, supervisors, workers and members of the public, as applicable)
b. In the situation that, there is harassment towards trades people, deliver teams, disposal teams, management, and suppliers by Clients, the Contractor holds the right to cancel the job and collect all payments due to date.
c. Workplace harassment means engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome or workplace sexual harassment.