Tri Party Agreement (Construction) Template for Canada

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Key Requirements PROMPT example:

Tri Party Agreement (Construction)

"Need a Tri Party Agreement (Construction) for a commercial office development in Ontario, with project financing of $50M from ABC Bank, where construction starts March 2025; must include specific lender step-in rights and environmental compliance provisions."

Document background
The Tri Party Agreement (Construction) is a specialized legal instrument used in Canadian construction projects where three distinct parties need to establish their mutual rights, obligations, and relationships. This agreement type is commonly employed when a project involves an owner, contractor, and either a lender, construction manager, or other key third party. It's particularly relevant in complex construction projects where traditional bilateral agreements are insufficient to address the intricate relationships and responsibilities between all parties. The agreement must comply with Canadian federal and provincial construction laws, including specific requirements for statutory holdbacks, lien rights, and building codes. It typically includes detailed provisions for payment mechanisms, project oversight, quality control, risk allocation, and dispute resolution, while addressing specific Canadian legal and regulatory requirements.
Suggested Sections

1. Parties: Identification and details of all three parties to the agreement

2. Background: Context of the agreement, project overview, and relationship between parties

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Work: Detailed description of the construction work to be performed

5. Roles and Responsibilities: Specific duties and obligations of each party

6. Contract Price and Payment Terms: Payment amounts, schedules, and mechanisms including holdbacks

7. Project Timeline: Construction schedule, milestones, and completion dates

8. Performance Standards: Quality requirements and applicable construction standards

9. Insurance and Indemnification: Insurance requirements and indemnification obligations

10. Default and Remedies: Events of default and available remedies for each party

11. Dispute Resolution: Process for resolving disputes between parties

12. Force Majeure: Provisions for unforeseen circumstances and their handling

13. General Provisions: Standard legal provisions including notices, amendments, and governing law

Optional Sections

1. Step-In Rights: Rights of one party to take over project responsibilities in certain circumstances - typically included when a lender is involved

2. Environmental Compliance: Specific environmental obligations and compliance requirements - included for projects with significant environmental impact

3. Labor and Employment: Specific provisions regarding labor requirements - included when project involves significant labor components

4. Security Provisions: Additional security requirements - included when one party requires specific security measures

5. Value Engineering: Provisions for cost optimization - included for complex projects where cost management is crucial

6. Multi-Phase Project Terms: Specific provisions for different project phases - included for projects with distinct phases

Suggested Schedules

1. Schedule A - Project Specifications: Detailed technical specifications for the construction work

2. Schedule B - Site Plan and Drawings: Construction drawings and site layout plans

3. Schedule C - Payment Schedule: Detailed breakdown of payment terms, amounts, and timing

4. Schedule D - Construction Schedule: Detailed project timeline and milestones

5. Schedule E - Required Insurance: Specific insurance requirements for each party

6. Schedule F - Key Personnel: List of key personnel from each party involved in the project

7. Schedule G - Forms: Standard forms for change orders, payment applications, and certificates

8. Schedule H - Safety Requirements: Specific safety protocols and requirements

9. Appendix 1 - Performance Bond: Form of performance bond if required

10. Appendix 2 - Labor and Material Payment Bond: Form of labor and material payment bond if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Commercial Real Estate

Residential Development

Industrial Construction

Infrastructure Development

Healthcare Construction

Educational Facilities

Retail Development

Hospitality Construction

Energy and Utilities

Transportation

Relevant Teams

Legal

Construction

Finance

Operations

Risk Management

Commercial

Procurement

Project Management

Development

Compliance

Relevant Roles

Construction Project Manager

Legal Counsel

Contract Administrator

Chief Financial Officer

Development Director

Construction Manager

Risk Manager

Project Director

Commercial Director

Finance Manager

Operations Director

Chief Executive Officer

Procurement Manager

Project Coordinator

Site Supervisor

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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