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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."
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
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
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
Applicable Laws
Architect
As-Built Drawings
Building Permit
Certificate of Completion
Certificate of Payment
Change Order
Commencement Date
Construction Documents
Construction Schedule
Contract Price
Contractor
Deficiency
Design Documents
Dispute
Drawings
Environmental Laws
Event of Default
Final Completion
Force Majeure Event
Good Industry Practice
Holdback
Intellectual Property Rights
Lender
Lien
Material Adverse Effect
Notice
Owner
Payment Certifier
Performance Bond
Project
Project Manager
Project Site
Substantial Completion
Schedule of Values
Shop Drawings
Specifications
Subcontractor
Substantial Performance
Third Party
Work
Warranty Period
Workers' Compensation
Construction Manager
Project Monitor
Progress Payment
Required Insurance
Site Safety Plan
Quality Control Plan
Construction Milestones
Payment Terms
Performance Standards
Insurance
Indemnification
Force Majeure
Dispute Resolution
Termination
Assignment
Confidentiality
Health and Safety
Environmental Compliance
Warranties
Intellectual Property
Site Access
Quality Control
Change Orders
Delay and Extension of Time
Defects Liability
Liens and Holdbacks
Bonds and Security
Representations and Warranties
Notice Requirements
Governing Law
Default and Remedies
Step-in Rights
Labor and Employment
Materials and Equipment
Permits and Licenses
Project Timeline
Subcontracting
Site Conditions
Completion and Handover
Record Keeping
Audit Rights
Risk Allocation
Compliance with Laws
Construction Schedule
Testing and Inspection
Suspension of Work
Commercial Real Estate
Residential Development
Industrial Construction
Infrastructure Development
Healthcare Construction
Educational Facilities
Retail Development
Hospitality Construction
Energy and Utilities
Transportation
Legal
Construction
Finance
Operations
Risk Management
Commercial
Procurement
Project Management
Development
Compliance
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
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