LABOUR AND PRODUCTS. 3.9.1 The Contractor shall provide and pay for labour, Products, Construction Equipment, water, heat, light, power, transportation, and other facilities and services necessary for the performance of the Work in accordance with the Agreement. Without limiting the generality of the foregoing, the Contractor shall pay its Personnel, and shall cause the Subcontractors and Suppliers to pay their Personnel, performing the Work, in accordance with the labour related provisions set out in the Agreement and at intervals no less than those required by such Personnel’s employment or labour agreements.
3.9.2 The Contractor covenants and agrees that the Work, including all Products and components thereof, shall conform to the Agreement in all respects, and, unless otherwise specified in the Agreement, shall be of merchantable quality and fit for their intended purpose as described in the Contract Documents and shall be new and free from Deficiencies. Products which are not specified shall be of a quality consistent with those specified and the use of such Products shall be subject to the acceptance of the Contract Administrator or Owner. This GC 3.9.2 shall be in addition to and not in limitation of any other right or remedy granted by the Agreement or otherwise available to the Owner.
3.9.3 Title to the Work including the Products (and each portion thereof) shall pass to the Owner immediately upon payment therefore (subject to applicable holdback that is not then due) or upon incorporation of the Products into the Work at the Site, whichever first occurs, free and clear of all liens, charges and encumbrances (subject to any rights or remedies provided by the Construction Act, if applicable). Notwithstanding any transfer of title to the Work or any portion thereof to the Owner, the Contractor shall be responsible for and bear the risk of Loss with respect to the Work (including Products delivered to the Site, whether or not incorporated into the Work) until the date of Total Performance of the Work. Title to Owner Supplied Material shall remain with the Owner at all times.
LABOUR AND PRODUCTS. (a) Unless otherwise stipulated elsewhere in the Contract Documents or in other documents made available to Project Co by Owner, Project Co shall, as appropriate, provide separate metering for all services and facilities necessary for the performance of the Work. Project Co shall arrange for delivery of materials and equipment to the Project in accordance with the Construction Schedule.
(b) Products shall be free from faults, improper workmanship and defects and in conformance with the Contract Documents. Products which are not specified shall be of a quality best suited to the purpose required and their use shall be subject to the approval of the Consultant.
(c) Project Co shall (i) maintain good order and discipline among all personnel engaged in respect of the Work and shall promote and maintain a good relationship with all such personnel; (ii) not employ any persons to perform the Work who is/are incompatible with other labour employed by Project Co in connection with the Work; and (iii) act promptly on all problems of labour relations including grievances and jurisdictional disputes. Project Co shall not employ on the Work anyone not skilled in the task assigned to him and shall adopt and enforce regulations with respect to safety, fire prevention, smoking, the use of alcoholic beverages, illegal drugs and other controlled substances and other activities that will or may constitute a danger to life, health or property.
(d) At Owner’s instruction, Project Co shall promptly remove from the Site any employee who represents a threat to the safety or progress of the Project or persons on the Project, who is not following the control procedures referred to in Section 11.7(c), or whose conduct may be considered as harassment in the workplace of any person who is an employee of Owner under the Human Rights Code (Ontario).
(e) Project Co is responsible for the safe on-site storage of Products and their protection (including Products supplied by Owner and other contractors) in such a way so as to avoid dangerous conditions or contamination to the Products or other persons or property, and in locations at the Site satisfactory to Owner.
(f) Title to the Products shall pass to Owner upon payment therefor or upon incorporation into the Project, whichever occurs first. For greater certainty, title to Products delivered, but not installed, shall pass to Owner when paid for. Project Co shall promptly execute and deliver to Owner, from time to time as Owner may requir...
LABOUR AND PRODUCTS. 20.1 Unless otherwise expressly provided in this Agreement, the Design-Builder will provide and pay for all labour, products, materials, tools, equipment, machinery, water, heat, light, power, transportation and all other facilities, things and services (including services for Design) necessary for the performance of the Work in accordance with this Agreement.
20.2 All products, materials, equipment and machinery provided will be new unless otherwise expressly specified in this Agreement.
LABOUR AND PRODUCTS. The Construction Manager shall maintain good order and discipline among the Construction Manager's employees engaged on the Work and shall not employ on the Work anyone not skilled in the tasks assigned.
LABOUR AND PRODUCTS. 3.7.1. The Contractor shall maintain good order and discipline among the Contractor's employees engaged on the Work and employ only workers that are skilled in the tasks assigned.
3.7.2. The Contractor shall provide and pay for labour, Products, tools, Construction Equipment, water, heat, light, power, transportation, and other facilities and services necessary for the performance of the Work in accordance with the Contract.
3.7.3. Unless otherwise specified in the Contract Documents, Products provided shall be new. Products which are not specified shall be of a quality consistent with those specified and their use acceptable to the Consultant.
LABOUR AND PRODUCTS. Subsection 3.8.2 is amended by adding the following after “consultant”: “Products which are not specified shall conform to current applicable specifications and regulations of the Canadian Standards Association, Technical Builders' Bulletin, Canadian Government Specifications Board, National Building Code, British Columbia Building Code, American Society for Testing and Materials, Trade Association Specifications and all authorities having jurisdiction at the Place of the Work.”
LABOUR AND PRODUCTS. GC3.8 is deleted in its entirety and replaced with the following:
LABOUR AND PRODUCTS. Add new paragraphs 3.8.1A and 3.8.1B as follows:
3.8.1.1 Products, services and equipment used and delivered to the Place of Work or intended to be used in the carrying out of this Contract shall be free and clear and shall be kept free and clear of all liens, charges and encumbrances. In the event of there being a lien, charge or encumbrance or a claim for a lien, charge or encumbrance the Owner may retain from the amount otherwise payable to the Contractor, an amount sufficient to satisfy and discharge the same.”
3.8.1.2 If the Owner gives to the Contractor written notice of his intention to satisfy and discharge any such lien, charge or encumbrance or a claim for a lien, charge or encumbrance and, within three (3) days of receipt of such notice, the Contractor does not show cause, satisfactory to the Consultant acting reasonably, why such lien, charge or encumbrance should not be satisfied and discharged, the Owner shall be at liberty and authorized to satisfy and discharge the same and charge the costs, including legal fees, thereof to the Contractor. The Contractor agrees to indemnify and keep indemnified and save harmless the Owner from any and all liens, charges and encumbrances arising as a result of the Contractor’s performance of the Work as more particularly defined in GC 12.1 Indemnification. Delete GC 3.8.2 and replace with the following: Products provided shall be new and shall conform to all current applicable specifications of the Canadian Standards Association, Canadian Government Specifications Board or General Standards Board, National Building Code, Ontario Building Code and all governmental authorities having jurisdiction at the Place of the Work unless otherwise required. Products which are not specified shall be of a quality consistent with those specified and their use acceptable to the Consultant. Add new paragraph 3.8.2A as follows:
3.8.2.1 Products brought onto the Place of the Work by the Contractor shall be deemed to be the property of the Owner, but the Owner shall be under no liability for loss thereof or damage thereto arising from any cause whatsoever. The said products and materials shall be at the sole risk of the Contractor.
LABOUR AND PRODUCTS. 3.9.1 Unless otherwise stipulated elsewhere in the Contract Documents or in other documents made available to him by the Owner, the Contractor shall provide and pay for labour, Products, tools, construction machinery and equipment, water, heat, light, power, transportation and other facilities and services necessary for the performance of the Work in accordance with the Contract and shall, as appropriate, provide separate metering for such services. The Contractor shall arrange for delivery for materials and equipment to the Project in accordance with the Construction Schedule.
3.9.2 Products provided shall be new. All work will be new, of good quality, and free from faults, improper workmanship and defects and in conformance with the Contract Documents. Products which are not specified shall be of a quality best suited to the purpose required and their use subject to the approval of the Consultant.
3.9.3 The Contractor shall maintain good order and discipline among all personnel engaged on the Work and shall promote and maintain a good relationship with all personnel engaged on the Work, shall not employ any persons to perform Work whose labour affiliation, or lack thereof is incompatible with other labour employed in connection with the Work, comply with all applicable trade union agreements and act promptly on all problems of labour relations including grievances, jurisdictional disputes, and interpretations of any applicable trade union agreements. The Contractor shall not employ on the Work anyone not skilled in the task assigned to him and shall adopt and enforce regulations with respect to safety, fire prevention, smoking, the use of alcoholic beverages, illegal drugs and other controlled substances and other activities that will or may constitute a danger to life, health or property.
3.9.4 At the Owner’s instruction, the Contractor shall promptly remove from the Place of the Work any employee who in the Consultant’s opinion represents a threat to the safety or progress of the Project or persons on the Project or whose conduct may be considered as harassment in the workplace of any person who is an employee of the Owner under the
3.9.5 The Contractor is responsible for the safe on - site storage of Products and their protection (including Products supplied by the Owner and other contractors) in such ways as to avoid dangerous conditions or contamination to the Products or other persons or property and in locations at the Place of the Work to the sat...
LABOUR AND PRODUCTS. 2.29.1 Unless otherwise stipulated elsewhere in the Contract Documents, the Contractor shall provide and pay for all labour, products, tools, construction equipment and machinery, water, heat, light, power, transportation and other facilities and services necessary for the requirements of the Contract Documents.
2.29.2 All products provided shall be new unless otherwise specified in the Contract Documents. Any products which are not specified shall be of a quality best suited to the purpose required, and their use shall be subject to the approval of the Engineer/Architect.
2.29.3 In carrying out their duties under this Contract, the Contractor shall comply with all Provincial and Federal legislation respecting labour and the employment of labour, where applicable, including the Labour Standards Code and shall not operate in conflict with the Human Rights legislation. In the employment of labour, preference should be given to persons normally residing in Newfoundland and Labrador.
2.29.4 The Contractor and Subcontractors shall maintain and keep available for inspection by the Owner, a record of the names and addresses of all persons employed on the project.
2.29.5 The Contractor shall maintain good order and discipline among their employees engaged on the Work and shall employ on the Work only employees skilled in their various trades.
2.29.6 There shall be no discrimination in the selection of workers for employment on the project in respect to race, religion, views or political affiliation, and the office of the Canada Manpower will be used in the recruitment of workers wherever possible.
2.29.7 The Contractor shall pay fair wages and shall pay rates of wages and allowances to the various classes of labour not less favourable than those prevailing in the area where the Work is being performed.
2.29.8 The Contractor shall be aware that the majority of hourly-paid and maintenance workers employed within the University are unionized. It is of utmost importance that any labour force used by the Contractor neither disrupts or be disrupted by any labour conditions existing on the University campus. Failure by the Contractor to familiarize themselves with labour conditions on Campus or disruptions to the Contractor’s own labour force because of labour conditions on Campus will not relieve them of their obligations to furnish all labour and materials necessary to carry out the requirements of the Contract.
