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2.The Fixed Price Work

Article 2.1

The Fixed Price Work is that work which the Contractor will perform for the contract price.  The Schedule “A” allows the parties to cap the number of “snowfalls” for which the Contractor will be paid the contract price.  If the contract price is to apply to unlimited snowfalls, the last sentence of Article 2.1 should be struck out.

Articles 2.2 and 2.3

The definition of “snowfall” in Article 2.2 must be read in conjunction with Article 2.3.  These Articles anticipate that the maintenance contractor will be on a “route” when he performs his work.  The Articles recognize that if it is still snowing after the Contractor has made one pass of the premises, he may be unable to return for a second pass until he has attended to each of the premises on his route.  The approach of the Standard Form is to allow the Contractor to perform the work once, and then return within 24 hours of the end of the snowfall to do the clean up.  If the Contractor  is to offer a greater or lesser level of service than is described in Article 2.3, that Article should be altered accordingly.

3.Ice Melting Services

See above, in relation to Articles 8 and 9 of the General Conditions for a review of Article 3.1.

4.Extra Work

The Parties should ensure that any Extra Work requests describe the Extra Work in detail.  If a request is vague or ambiguous, the Contractor should reply with a more detailed description, requesting that the Owner confirm that this is the Extra Work to be performed.

Further Comments

The contract is only one part of a reasonable risk management strategy.  The contractor’s training programs, record keeping and claims management protocols are equally important.  For more information about these issues and about how the standard form contact relates to a contractor’s potential liability, see “Standards for Snow Maintenance Contracts and the Contractor’s Liability for Slip and Fall Claims,” Horticulture Review, August 2002 and “Introducing the Landscape Ontario Standard Form Snow Maintenance Contract,” Horticulture Review, October, 2002.

Robert Kennaley is a member of Landscape Ontario and a former landscape design build contractor who now practices Construction Law in Toronto.  He is a member of the Maintenance Commodity Group’s Snow Committee and took the lead role in drafting the Standard Form Snow and Ice Maintenance Contract.  Robert speaks regularly on a range of construction law

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