About This Document & Company Identification
DOMINION CONTRACTING LTD. (Business Number: 765398375; HST Registration Number: 76539 8375 RT0001) is the registered legal corporation entering into this agreement with the client. The corporation is incorporated under the laws of the Province of Ontario, Canada.
DCL™ is the trademark and short-form abbreviation of DOMINION CONTRACTING LTD. used throughout company documentation, branding, invoices, signage, vehicles, uniforms, digital communications, and client-facing materials.
All references to DOMINION CONTRACTING LTD., DOMINION, DCL™, or the Company within this agreement refer to the same registered legal entity and are fully interchangeable for all contractual purposes.
DOMINION CONTRACTING LTD. is a general contracting and construction company providing the full range of services a general contractor is qualified to perform in the Province of Ontario, covering all aspects of residential and commercial construction, renovation, repair, and installation work. DCL™ operates as the general contractor of record on every project and may perform work directly or through qualified, insured, and — where legally required — licensed subcontractors. This Agreement governs any such service DCL™ agrees to perform for the client.
The specific scope, materials, manufacturer warranties, and applicable DCL™ workmanship warranty terms for each project are defined in a signed Schedule A — Project-Specific Scope & Warranty Exhibit, incorporated into and forming part of this Agreement for that project.
Exception: where the project scope is a single, straightforward trade with services that can be fully and clearly itemized on a standard estimate or proposal (for example, a standard painting project), DCL™ may designate the client's signed estimate or proposal as functioning in place of a standalone Schedule A. See Section 6.8 for the full applicability rule.
Foundations
1. Business Hours
a. DCL™ operates Monday through Friday from 8:00 AM to 5:00 PM.
b. While you may contact us at any time, please note that we will respond to all inquiries, updates, and project-related matters during our business hours.
c. Any communications received outside of these hours will be addressed on the next business day.
d. All Ontario statutory/public holidays are considered non-working hours for DCL™. Any communications received on a statutory holiday will be addressed on the next business day.
2. Estimate, Bid, and Proposal Explanation
a. An estimate is a rough cost based on initial information, while a bid is a fixed price based on detailed plans, and a proposal outlines scope, timeline, and pricing. Though often used interchangeably, we provide estimates based on available details, formal bids once specifications are confirmed, and proposals with full descriptions and terms.
b. Please note, unforeseen issues may affect pricing, and additional charges may apply if the scope changes.
3. Governing Law and Jurisdiction
a. This Service Agreement is governed by and construed in accordance with the provincial laws of Ontario, Canada. All disputes shall be resolved in accordance with the process outlined in Section 30 — The Covenant of Service & Private Resolution. Where legal recourse becomes necessary, the parties submit to the exclusive jurisdiction of the courts of the Province of Ontario.
Insurance & Risk
4. Liability Insurance
DCL™ maintains liability insurance coverage with a limit of $5 million dollars.
b. This disclaimer serves to inform the client that while DCL™ takes necessary precautions to ensure safety and quality in its operations, the liability insurance coverage is subject to the terms and conditions of the insurance policy.
c. The client acknowledges and agrees that any claims, damages, losses, or expenses arising from the services provided by DCL™ shall be subject to the limitations and coverage outlined in the liability insurance policy.
d. The client further agrees to release, indemnify, and hold harmless DCL™, its employees, agents, and subcontractors from any liability beyond the coverage provided by the insurance policy.
e. It is recommended that the client maintains their own appropriate insurance coverage to mitigate any potential risks or damages that may occur on their premises.
5. Project-Specific Liability Insurance
a. In certain instances where project scope necessitates higher liability coverage beyond our standard $5 million dollar liability limit, DCL™ may obtain project-specific liability insurance with increased coverage.
b. The client acknowledges and agrees that for such projects, any claims, damages, losses, or expenses arising from the services provided by DCL™ shall be subject to the terms and conditions of the project-specific insurance policy.
c. The client further agrees to release, indemnify, and hold harmless DCL™, its employees, agents, and subcontractors from any liability beyond the coverage provided by the project-specific insurance policy.
Deposits & Payment
6. Deposit Structure, Milestone Allocation & Refund Eligibility
DCL™ requires a deposit of forty percent (40%) of the total project value upon execution of this agreement. This deposit is not a single lump sum held in trust — it is allocated incrementally across three defined project milestones, each representing real and verifiable costs absorbed by DCL™ on behalf of the client.
6.1. Milestone Allocation
| Milestone | % | Trigger |
|---|---|---|
| 1 — Admin & Sales Processing | 15% | Non-refundable immediately upon execution. Covers sales commission, on-site estimation, admin processing, marketing cost of acquisition, and opportunity cost. |
| 2 — Schedule Block & Crew Allocation | 15% | Non-refundable once DCL™ blocks production dates and allocates crew. Covers opportunity cost of the reserved date window and pre-project planning. |
| 3 — Material Procurement | 10% | Non-refundable once materials/products are ordered, ~1–1.5 weeks before start. Covers material cost, supplier commitments, and staging. |
6.2. Refund Eligibility
a. Cancellation received before schedule block — client is entitled to a refund of twenty-five percent (25%) of the total project value. The fifteen percent (15%) Milestone 1 allocation is non-refundable.
b. Cancellation received after schedule block but before material order — client is entitled to a refund of ten percent (10%) of the total project value. The thirty percent (30%) combined Milestone 1 and Milestone 2 allocation is non-refundable.
c. Cancellation received after material order has been placed — client is entitled to no refund. The full forty percent (40%) deposit is non-refundable.
d. Cancellation received within 72 hours of the scheduled start date — client is entitled to no refund. DCL™ reserves the right to pursue additional recovery for costs incurred beyond the deposit amount where applicable.
6.3. Refund Processing
a. Approved refunds will be processed and issued within thirty-one (31) calendar days from the date written cancellation is received and verified by DCL™.
6.4. Milestone Notification
a. DCL™ will communicate schedule block and material order dates to the client in writing. These communications serve as formal milestone confirmations and establish the non-refundable threshold applicable at each stage.
6.5. No Assumed Refund
a. The client acknowledges that the deposit structure outlined in this section reflects real costs absorbed by DCL™ and is not a penalty. Each milestone allocation is tied to verifiable expenditures and opportunity costs. DCL™ does not profit from cancellations — it recovers costs already incurred on the client's behalf.
6.6. Cancellation Process
All cancellations must be submitted in writing to Logistics@dominioncontractingltd.ca. Verbal cancellations are not valid and do not trigger refund eligibility timelines. The cancellation date is the date written notice is received and acknowledged by DCL™ in writing.
6.7. Two-Stage Execution Process
a. This Agreement may be executed by the client prior to the finalization of project-specific scope, material, and warranty details. Execution of this Agreement by the client authorizes DCL™ to collect the deposit described in this Section 6 and reserves DCL™'s services for the client's project, establishing the Milestone 1 — Administrative & Sales Processing allocation described in Section 6.1a.
b. The specific scope of work, materials, service tier, and applicable warranty terms for the project are documented separately in a signed Schedule A — Project-Specific Scope & Warranty Exhibit, which is a distinct document from this Agreement, executed separately once project specifications have been finalized between the client and DCL™ — except where Section 6.8 applies.
c. DCL™ shall not block production schedule dates or allocate crew resources (Milestone 2) and shall not place material orders (Milestone 3) until the applicable Schedule A — or, where Section 6.8 applies, the accepted estimate or proposal functioning as Schedule A — has been reviewed, finalized, and signed by both the client and DCL™. No physical work shall commence on the project until that document has been fully executed.
d. Where a client declines to execute Schedule A (or the estimate/proposal functioning as Schedule A) following execution of this Agreement, the client's cancellation rights and refund eligibility are governed by Section 6.2, measured from whichever milestone was reached at the time of cancellation.
e. This Agreement and the applicable Schedule A (or its functional equivalent under Section 6.8), once both are executed, together constitute the entire understanding between DCL™ and the client for that project, as further described in Section 39 — Entire Agreement.
6.8. Schedule A Applicability & Estimate-as-Schedule A
a. A standalone Schedule A — Project-Specific Scope & Warranty Exhibit is required for every DCL™ project except where the project scope consists of a single trade with services that are straightforward, standard, and fully itemizable on a normal estimate or proposal — for example, a standard interior or exterior painting project with no structural, licensed sub-trade, or multi-trade component.
b. Where this exception applies, DCL™ may designate the client's signed estimate or proposal as functioning as the Schedule A — Project-Specific Scope & Warranty Exhibit for that project, provided the estimate or proposal clearly documents the scope of services, the selected service tier, and the applicable tier-based workmanship warranty term under Section 17. DCL™ will state in writing, directly on the estimate or proposal, that it is functioning as Schedule A for that project.
c. Once so designated and signed by both parties, the estimate or proposal carries the same contractual weight, and is subject to the same terms, as a standalone Schedule A throughout this Agreement, including for purposes of Sections 6.7, 17.5, and 20.5.
d. DCL™ retains sole discretion to determine whether a project qualifies for this exception. Any project involving multiple trades, licensed sub-trade work, structural modifications, an extended or specialized warranty beyond the standard tier-based warranty, or material/fixture allowance selections requires a standalone Schedule A and does not qualify under this section.
6.9. Elevated Deposit for Material-Intensive or High-Allowance Projects
a. The standard forty percent (40%) deposit described in Section 6 assumes the Milestone 3 — Material Procurement allocation (10%) reasonably covers the project's material cost. Where a project's material, product, fixture, or allowance costs exceed twenty-five percent (25%) of total project value — including but not limited to roofing, siding, windows and doors, garage door systems, flooring systems, cabinetry, or any project with client-selected material or fixture allowances above that threshold — DCL™ may require a total deposit greater than forty percent (40%) of the total project value.
b. In such cases, the Milestone 3 — Material Procurement allocation described in Section 6.1c shall reflect the actual quoted material, product, and allowance cost documented in the applicable estimate or Schedule A exhibit, rather than the standard ten percent (10%) allocation. Milestones 1 and 2, described in Sections 6.1a and 6.1b, remain fixed and are unaffected by this section.
c. The elevated deposit amount, and the specific material and allowance costs it reflects, will be itemized in writing on the applicable estimate or Schedule A exhibit prior to contract execution. This itemization is consistent with DCL™'s commitment under Section 6.5 that deposit allocations reflect real, verifiable, documented costs rather than an arbitrary or punitive amount, and is the figure DCL™ will point to if a client questions why their deposit exceeds the standard 40%.
d. Notwithstanding this section, the total deposit required under this Agreement — inclusive of any elevated Milestone 3 allocation — shall not exceed sixty percent (60%) of the total project value, except by separate written agreement signed by both parties for extraordinary circumstances, such as custom-fabricated or special-order materials requiring full pre-payment to the manufacturer or supplier.
e. All refund eligibility timelines and thresholds described in Section 6.2 apply proportionally to the elevated deposit structure under this section, substituting the actual elevated Milestone 3 figure wherever Section 6.2 references the standard ten percent (10%) allocation.
7. Payment for Completed Work
a. In the event that the project's schedule is disrupted or segmented due to actions or decisions made by the homeowner, business owner, or other contracting trades, DCL™ reserves the right to request bulk payments to cover the amount of work completed thus far.
b. Such requests for bulk payments will be communicated to the client in writing, outlining the specific amount due and the rationale behind the request.
c. Please note that these bulk payments are separate from any initial deposit or extended warranty payment made prior to commencing the work.
d. Failure to comply with these payment terms may result in the suspension or termination of the project until satisfactory payment arrangements are made.
e. Additionally, should the client fail to comply with these payment terms, they may expose themselves to potential litigation for breach of contract and any associated legal costs incurred by DCL™.
f. Failure to make payments on fully completed work will result in litigation to recover the outstanding balance, including any associated legal costs incurred by DCL™.
8. Interest on Overdue Payments
In the event that payment is not received within thirty days of the due date, interest will accrue on the outstanding balance at a rate of five percent per month. Interest is calculated monthly on the principal amount due and is compounded — interest is charged on previously accrued interest. The client agrees to pay all accrued interest in addition to the principal amount owed.
9. Gift Cards and Promotional Offers
a. DCL™ extends gift cards and promotional offers, including those available for purchase and referral bonuses, as tokens of appreciation and to enrich the customer experience. However, it is imperative to note that these offers are only valid when presented at the time of estimation, and it is the client's responsibility to disclose such information.
b. Any submission of gift cards or promotions after the estimation period will render them invalid and they will not be honored for this specific project.
c. Furthermore, these cards and promotions are ineligible for use after project completion and before payment settlement, and any attempt to utilize them during this period will result in refusal.
d. If a gift card, promotional offer, or referral program bonus is deemed invalid under the terms of this contract, the client remains eligible to utilize these rewards for a separate, unrelated project governed by a new legally binding contract.
Rights & Termination
10. Company's Right of Refusal
a. DCL™ reserves the right to terminate services on a project at any time, provided that a reasonable cause is established. In such cases, DCL™ will be entitled to compensation for the labor and materials expended up to the point of termination.
b. Termination by DCL™ will be executed with proper notice and in accordance with local laws and regulations.
c. Compensation will be calculated based on the proportion of completed work and incurred material costs.
d. The client agrees that DCL™'s exercise of this right of refusal shall be considered final and binding.
11. Client's Right of Refusal
a. The client has the right to terminate services with DCL™ upon sufficient notice, should they choose to discontinue the project for any cause deemed reasonable.
b. Compensation for work performed and materials purchased up to the point of termination will be discussed and determined in good faith.
c. DCL™ will make every reasonable effort to ensure that the termination process is conducted professionally and efficiently.
12. Notice of Termination
a. Both parties agree that termination of services requires written notice delivered to the other party.
b. The notice period shall be at least 7 days, allowing both parties to prepare for the conclusion of the project.
c. Termination shall take effect on the date specified in the written notice. Clients may initiate termination by contacting DCL™ via email at Logistics@dominioncontractingltd.ca.
13. Cancellation Clause
a. The client acknowledges and agrees that any cancellation of services must be communicated in writing and received by DCL™ no less than 72 hours prior to the scheduled start date of the services.
b. In the event of cancellation within the 72-hour window, the client forfeits the non-refundable deposit paid to DCL™. This deposit is intended to cover expenses incurred by DCL™ in preparation for the scheduled services, including but not limited to the purchase of materials and allocation of resources.
c. The client understands that the non-refundable deposit serves as a commitment to engage DCL™ for the specified services and that cancellation after the 72-hour threshold may result in financial losses for DCL™.
d. Furthermore, the client agrees that DCL™ shall not be liable for any damages or losses resulting from the cancellation of services, including but not limited to inconvenience, lost time, or opportunity costs.
14. Damages Caused By DCL™
a. In the unlikely event that damages are caused by DCL™ during the course of the project, we are committed to promptly addressing and rectifying such damages.
b. All damages will be thoroughly documented and reported, and appropriate measures will be taken to repair them to the satisfaction of the client, within reason.
c. The cost of repairs for damages caused by DCL™ will be covered entirely by company funds.
d. In the event that the damages exceed the company's capacity to cover, we will initiate an insurance claim to ensure that the damages are fully addressed and rectified.
e. This ensures that our clients are not financially burdened by any inadvertent errors or mishaps.
15. Allegations
a. In the event of any allegations leveled against DCL™, it is essential that they are reported promptly and accompanied by valid evidence.
b. We undertake a thorough investigation into all allegations, ensuring transparency and fairness in addressing any concerns.
c. Timely reporting of allegations, supported by valid evidence, is imperative to maintain the integrity of the resolution process and uphold our commitment to excellence in service delivery.
Tiers & Warranty
16. Tier Supremacy and Scope Control
a. The service tier selected by the client governs all aspects of project execution, including but not limited to site and surface preparation standards, installation and application methodology, material selection, finish and completion quality, project oversight, execution methods, and warranty coverage.
b. In the event of any conflict between general scope language, estimates, proposals, or communications and tier-specific definitions, the tier-specific definitions shall prevail and control.
17. Tier-Based Warranty Coverage
a. DCL™ provides workmanship warranty coverage based strictly on the service tier selected by the client at the time of contract execution. Warranty coverage is not universal and is not interchangeable between tiers.
| Tier | Workmanship Warranty |
|---|---|
| Bronze | 1 year |
| Silver | 3 years |
| Gold | 5 years |
f. The warranty period commences on the date of project completion.
g. Warranty coverage applies solely to workmanship performed by DCL™ and does not extend to material or product defects beyond manufacturer warranties, nor to conditions excluded elsewhere in this agreement or in the applicable Schedule A exhibit.
h. No verbal representations, marketing materials, estimates, proposals, or communications shall modify or extend the warranty coverage beyond the tier selected. Any warranty claims submitted outside of the applicable tier-based warranty period shall be deemed void.
i. This section supersedes and replaces all prior warranty language contained in this agreement.
17.5 Project-Specific & Extended Warranties
a. Certain trades, materials, systems, or assemblies (including but not limited to premium coatings, flooring systems, garage door assemblies, roofing systems, and decking systems) may carry an extended or specialized warranty beyond the standard tier-based workmanship warranty described in Section 17.
b. Where an extended or specialized warranty applies to a project, its scope, covered defects, exclusions, applicable product or manufacturer, and warranty period shall be documented in a signed Schedule A — Project-Specific Scope & Warranty Exhibit, attached to and incorporated into this Agreement for that specific project.
c. Where no Schedule A extended warranty is executed for a project (including where an accepted estimate or proposal functions as Schedule A under Section 6.8), only the standard tier-based warranty defined in Section 17 applies.
d. DCL™ reserves the right to substitute any specified product or material with an approved equivalent meeting equal or superior performance specifications in the event of supply disruption, product discontinuation, regulatory change, safety recall, or any other circumstance beyond DCL™'s reasonable control, without affecting the validity of any warranty issued under this section.
17.6 Manufacturer & Product Warranties (Pass-Through)
a. Where a project includes manufactured products or materials (including but not limited to windows, doors, cabinetry, garage doors, flooring, roofing materials, or fixtures), such products carry their own manufacturer's warranty, which is separate from, and in addition to, DCL™'s tier-based workmanship warranty described in Section 17.
b. DCL™'s workmanship warranty covers the quality and correctness of installation only. It does not cover manufacturing defects, product failure, or material performance issues, which remain the sole responsibility of the manufacturer under the manufacturer's own warranty terms.
c. Manufacturer warranty periods vary by product, manufacturer, and product line, and may extend well beyond DCL™'s own tier-based workmanship warranty period — for example, certain window and door manufacturers offer product warranties of twenty (20) years or more. DCL™ makes no representation as to the length or terms of any manufacturer warranty beyond what is documented in the manufacturer's own literature provided to the client.
d. DCL™ will provide the client with all applicable manufacturer warranty documentation upon project completion and will assist in good faith in facilitating manufacturer warranty claims. DCL™ is not obligated to perform, fund, or guarantee any repair or replacement that falls under manufacturer responsibility.
e. The client is responsible for retaining all manufacturer warranty documentation provided and for following any manufacturer-required maintenance or registration steps necessary to preserve that warranty.
17.7 Licensed Sub-Trade Work
a. Certain scopes of work require a licensed trade under Ontario law, including but not limited to electrical work (requiring ESA-licensed electricians), plumbing and gas work (requiring licensed plumbers/gas fitters), and HVAC work. Where a project requires such work, DCL™ will retain a qualified, licensed subcontractor to perform it.
b. DCL™ acts as general contractor and coordinates, schedules, and oversees licensed sub-trade work as part of the overall project. However, the licensed subcontractor performing the work is solely responsible for code compliance, permitting where applicable, and the workmanship warranty specific to their licensed trade.
c. DCL™'s tier-based workmanship warranty under Section 17 applies to DCL™'s own general contracting, coordination, and installation work. It does not extend to, replace, or guarantee the specialized work of a licensed subcontractor, which is warrantied directly by that subcontractor in accordance with their own trade licensing and business practices.
d. Copies of subcontractor licensing (where applicable) and any sub-trade-specific warranty documentation will be provided to the client upon request or at project completion.
18. Reporting Deficiencies
a. Any reports of deficiencies must be made within the applicable warranty period associated with the selected service tier (and any applicable Schedule A exhibit), measured from the completion date of the project.
b. To initiate a warranty claim, please contact our customer service team via email at Logistics@dominioncontractingltd.ca. We will promptly respond to your report and schedule a time for our professionals to assess and address the identified issues.
c. All remaining provisions, exclusions, service rates, timelines, and procedures contained within this section remain unchanged and enforceable.
d. Should a warranty claim be made outside of the applicable warranty period, such claim shall be deemed void under the original scope of work and warranty coverage.
e. However, DCL™ recognizes that clients may request service or corrective work beyond the applicable warranty period. Any such work shall be treated as a separate service request and is not covered under this agreement.
f. Out-of-warranty service work is subject to DCL™'s prevailing service rates, material costs, and availability at the time of request. As of the date of this document update, service work is billed at a rate of $175 per hour plus HST, with a minimum service charge of two and one-half (2.5) hours.
g. All out-of-warranty service requests will undergo an initial assessment to determine scope, cause, and feasibility. Upon validation, DCL™ will schedule the requested service work at its discretion, subject to workload, seasonal conditions, and crew availability.
h. This provision applies uniformly across all service tiers and does not modify, extend, or reinstate any tier-based warranty coverage.
19. Scheduling Service Work
a. Upon receipt of your warranty claim, we kindly ask for your cooperation in allowing us sufficient time to schedule and perform the necessary service work. We do not do same day/next day service. We try our best to address service calls within 3–4 weeks from the point of request.
20. Warranty Exclusions and Limitations
a. Warranty coverage excludes any damage, failure, or defect arising from normal wear and tear, environmental exposure, impact, neglect, improper use, structural movement, settling, vibration, moisture intrusion, or any modification, repair, or alteration made by others after completion.
b. Warranty coverage applies solely to workmanship performed by DCL™ and strictly within the limits of the applicable workmanship warranty period associated with the service tier selected by the client, as defined in Section 17 of this agreement.
c. General exclusions applicable across all trades include, but are not limited to: repairs warrantied only to the specific repaired area for the duration of the applicable warranty; cracking, separation, joint movement, fastener pops, or surface failure resulting from structural movement, settling, vibration, moisture, or environmental conditions; sealants and caulking, which are not warrantied under any service tier due to expected shrinkage, cracking, and separation over time; fading, chalking, discoloration, oxidation, or weather-related degradation of exterior materials; and fading, yellowing, or discoloration of interior materials resulting from light exposure, heat, humidity, or environmental conditions.
d. Flooring is fully excluded from warranty coverage under any circumstance due to high wear, traffic, abrasion, and impact exposure, except where an extended flooring-specific warranty has been executed under Schedule A.
e. Trade-specific covered defects and exclusions (e.g., for painting, flooring, garage doors, roofing, decking, or other systems) are governed by the applicable Schedule A exhibit for that project, and this Section 20 applies in addition to, not in place of, those trade-specific terms.
f. These exclusions ensure that warranty protection applies exclusively to workmanship deficiencies within DCL™'s direct control and within the environmental and material limitations inherent to construction and contracting services.
20.5 Extended Component & System Warranties
a. Where a project involves an installed component, system, or assembly eligible for an extended workmanship warranty beyond the standard tier-based coverage (for example, decking, wood exterior systems, flooring systems, or garage door assemblies), the scope of coverage, covered defects, mandatory process requirements for warranty activation, remedy, and exclusions shall be documented in the signed Schedule A exhibit for that project.
b. Any such extended warranty operates independently of the standard tier-based warranty structure outlined in Section 17 and applies only where the mandatory process requirements documented in the applicable Schedule A are met.
20.6 General Exclusions — What Warranty Coverage Does Not Cover
a. Mechanical Wear & Tear: Scratches, gouges, scuffs, dents, or coating/finish failure caused by heavy foot traffic, furniture, pet claws, equipment, or movement of heavy objects across surfaces.
b. Standing Water & Drainage Failure: Failure caused by structural defects that allow water to pool or sit without proper drainage run-off. This is a structural issue, not a workmanship deficiency.
c. Natural Material Movement: Checking, splitting, cracking, or separation of wood, composite, or other natural materials caused by Canadian seasonal humidity shifts, freeze-thaw cycles, or natural expansion and contraction.
d. UV Fading & Natural Weathering: Natural color shift, UV fading, or surface weathering due to environmental exposure are expected characteristics of many exterior materials and are not covered unless expressly stated in a Schedule A exhibit.
e. Pre-Existing Conditions: Any area where pre-existing materials, deep deterioration, or structural degradation prevented complete removal or proper preparation.
f. Client or Third-Party Modifications: Any surface or component altered, repaired, or worked on by the client or a third party after DCL™'s completion date is immediately excluded from warranty coverage.
Site & Project Conditions
21. Estimate Validity Clause
a. Each estimate is valid for a period of 30 days, commencing from the date of issuance.
b. If the work described in this estimate is not initiated within this timeframe, DCL™ reserves the right to reevaluate and revise the estimate to reflect any changes in material costs, labor rates, overhead expenses, or other relevant factors.
c. Any variations in the estimate due to these changes will be discussed and agreed upon by both parties before proceeding with the project.
22. Rust and Corrosion
a. Please note that rust and corrosion on metal components (including but not limited to railings, structural steel, garage doors, and fencing) are similar to cancer in that, despite our best efforts to treat and repair the affected areas, we cannot ensure that rust or corrosion will never return.
b. While we use high-quality products and techniques to mitigate and repair rust and corrosion, there is always a possibility that it may resurface over time. Complete eradication typically requires cutting out the affected metal, welding new material, and properly sealing it, which is not covered under this DCL™ contract unless expressly itemized in the project scope or Schedule A.
c. Unless such comprehensive measures are taken, we cannot guarantee that rust or corrosion will not return.
23. Pet Policy
a. For the safety and efficiency of our staff, and the protection of your home, we require that all pets be kept away and out of sight while DCL™ staff are working.
b. Pets of any kind are not the responsibility of DCL™.
c. If an animal escapes the home, DCL™ will not be held responsible for any loss or damage to the pet.
d. DCL™ will not be held liable if a pet ruins work in progress, tracks materials or debris throughout the home, or causes spills or damage to the work area or property. The homeowner will be responsible for covering the payment difference to fix said damages and for the cost of completing work after repairs are made.
24. Preparation of the Work Area (Customer's Role)
a. To ensure the most efficient, timely, and professional service, we kindly request that all personal items be moved from the work area before our team arrives. This includes, but is not limited to: wall-mounted decor, small decorative items, clothing and personal belongings, loose countertop items, curtains, blinds, and any other personal items or valuables in the work areas.
b. Moving these items in advance helps us streamline our process and focus entirely on delivering top-quality results without unnecessary delays. Our crews may have construction materials or debris on their hands and equipment (e.g., paint, adhesive, sealant, drywall compound, sawdust) which could potentially damage clothing or sensitive items.
c. Please note that we are not responsible for moving furniture, decor, or personal items. If these items are not moved prior to our arrival and we need to move them to proceed with the job, additional labor charges may apply.
d. If there are any items that we would be required to move (e.g., dressers, beds, couches, appliances), we will plan accordingly during the on-site estimate process.
25. Site Condition & Material Contamination Disclaimer
a. Please be aware that certain existing site conditions (including but not limited to prior chemical treatments, residues, contamination, moisture, or substrate defects) can pose challenges regardless of trade. If such conditions are detected, work in that area may be paused for reassessment.
b. These conditions can lead to significant complications affecting material adhesion, installation quality, or durability. Specialized products, remediation, or additional preparation may be required.
c. The cost of the project is subject to change based on findings related to site conditions discovered once work has begun. We appreciate your cooperation in addressing such conditions to ensure optimal results.
d. Trade-specific contamination issues (for example, nicotine bleed-through in painting and refinishing scopes) are addressed in greater detail in the applicable Schedule A exhibit where relevant.
Completion & Payment Enforcement
26. Project Completion, Walkthrough, Sign-Off & Payment Enforcement
a. This section governs the definitive completion standard, walkthrough requirements, payment obligations, deficiency documentation, holdback mechanics, and warranty transition for all DCL™ projects. This section supersedes all prior walkthrough and completion language in this agreement and replaces any standalone Satisfaction Assurance Clause in its entirety. No secondary document is required.
26.1. Definition of Completion
a. Completion is defined as the full execution of all contracted services including preparation, installation or application, and final finishing, performed in accordance with the approved scope and service tier selected by the client.
b. Completion of contracted services constitutes substantial completion of the project regardless of scheduling of touch-ups, third-party cleaning timelines, client availability for walkthrough, or any other administrative matter not directly related to the contracted scope.
c. The completion date established under Section 26.3f governs all warranty, payment, and contractual obligations under this agreement.
26.2. Mandatory Completion Walkthrough & Scheduling Protocol
a. Upon completion of all contracted services, DCL™ shall conduct a final completion walkthrough of all completed work with an authorized DCL™ representative.
b. The authorized DCL™ representative may be the assigned crew lead, project manager, or any qualified DCL™ team member designated for that project.
c. This walkthrough is the definitive completion standard for all projects regardless of service tier selected.
d. The walkthrough is not an opportunity to renegotiate scope, introduce subjective preferences, request additional work, or raise concerns unrelated to the agreed scope of work.
e. DCL™ will propose a walkthrough date and time to the client within two (2) business days of substantial completion of the contracted services. Where the client is unavailable on the proposed date, DCL™ will offer one (1) alternate date within the same notice process.
f. If a completion walkthrough has not taken place within seven (7) calendar days of the date first proposed under Section 26.2e — whether due to the client's unavailability, non-response, repeated rescheduling, or any other reason not attributable to DCL™ — the client is deemed to have forfeited the walkthrough, and DCL™ may proceed under Section 26.3d.
26.3. Client Participation
a. The client is required to make themselves available for the completion walkthrough within the scheduling window described in Section 26.2.
b. DCL™ will provide reasonable advance notice of the anticipated completion date and proposed walkthrough date.
c. Client participation is the client's sole opportunity to identify visible workmanship concerns prior to project closeout.
d. In the event the client is unable or unwilling to participate in the walkthrough, or the walkthrough is forfeited under Section 26.2f, DCL™ will proceed with an internal completion review conducted by the authorized DCL™ representative.
e. The client formally forfeits their right to a joint walkthrough under these circumstances. Forfeiture does not affect the client's warranty rights as outlined in Sections 17, 17.5, and 20.5 of this agreement, nor does it delay, suspend, or reduce the client's payment obligation in any way. This provision exists to prevent indefinite delay of payment through non-scheduling, and is not intended, and will not be used, to deny a client a walkthrough who is making reasonable, good-faith efforts to attend.
f. Following either the joint walkthrough or internal DCL™ completion review, the authorized DCL™ representative shall confirm project completion in writing. This confirmation constitutes the official project sign-off and establishes the completion date for all warranty, payment, and contractual purposes.
26.4. Documentation of Workmanship Deficiencies
a. Any workmanship concerns identified during the walkthrough shall be documented in writing by the DCL™ representative, including description and location.
b. All documented concerns shall be evaluated against DCL™'s internal quality control standards and determined to be either a substantiated workmanship deficiency or an excluded item.
c. Only deficiencies documented by DCL™ during the applicable walkthrough or internal completion review shall be eligible for corrective action prior to final closeout.
d. Documentation produced under this section serves as the sole and exclusive basis for assessing workmanship concerns at completion.
e. Concerns not identified or documented during the walkthrough shall be treated as post-completion warranty claims and processed in accordance with Section 18 — Reporting Deficiencies.
f. Scheduling and completion of corrective action for deficiencies documented under this section shall be governed by the Right to Cure process described in Section 30.3, including the minimum ten (10) business day response and scheduling window described there.
26.5. Payment Obligation Upon Completion
a. Full payment for all completed work becomes immediately due and payable upon project sign-off as defined in Section 26.3f. b. Payment is not contingent upon the scheduling, completion, or outcome of any post-project cleaning, follow-up inspections, touch-up scheduling, or subsequent client review. c. The client may withhold no more than ten percent (10%) of the remaining balance solely to secure completion of substantiated workmanship deficiencies documented by DCL™ during the applicable walkthrough.
d. The remaining ninety percent (90%) or greater balance is due and payable immediately upon sign-off and shall not be delayed, reduced, or withheld for any reason including but not limited to pending touch-ups, scheduling availability, cleanup sequencing, subjective dissatisfaction, or preference-based objections.
e. The 10% holdback is strictly limited to the specific deficiencies documented by DCL™ and may not be expanded, extended, or used as leverage for additional work, scope changes, or non-workmanship related concerns.
f. Once documented deficiencies have been corrected and verified by DCL™, the remaining 10% holdback becomes immediately due and payable.
g. Failure to remit the holdback following completion of documented corrective work constitutes non-payment and is subject to full enforcement under Sections 7 and 8 of this agreement including interest, collection, and legal action.
26.6. Unsubstantiated, Subjective, or Late Claims
a. Concerns, objections, or claims that are not identified during the applicable walkthrough, not documented by DCL™, cosmetic-only or preference-based, non-workmanship related, raised after walkthrough completion, or raised after payment has become due shall not delay, suspend, reduce, or withhold payment obligations including the release of any permitted holdback.
b. Claims determined to be unfounded, non-workmanship related, or raised outside the applicable warranty period shall be treated as separate service requests and may be subject to additional charges in accordance with Sections 7, 18, and 20 of this agreement.
26.7. Warranty Transition Upon Completion
a. Following completion and receipt of all payments due including any permitted holdback, all substantiated workmanship concerns arising thereafter are governed exclusively by the applicable tier-based workmanship warranty as defined in Section 17 of this agreement (and any applicable Schedule A extended warranty).
b. Specialized warranties apply only where expressly stated and supersede tiered warranties for applicable trades, materials, or systems as outlined in Sections 17.5 and 20.5.
26.8. Client Acknowledgement
a. By signing this agreement the client expressly acknowledges that payment for completed work is due upon sign-off as defined in Section 26.3f.
b. Only substantiated workmanship deficiencies documented by DCL™ during the applicable walkthrough may be addressed prior to final closeout.
c. The client may withhold no more than ten percent (10%) of the total contract value and only for documented deficiencies.
d. Claims of general dissatisfaction, inconvenience, touch-up scheduling, or subjective expectations do not constitute valid grounds for withholding payment.
e. All post-completion workmanship concerns are governed solely by the applicable tier-based warranty selected (and any applicable Schedule A extended warranty).
f. Improper withholding of payment constitutes a material breach of this agreement and may result in suspension of warranty obligations, interest charges, collection activity, and legal enforcement as permitted under this agreement.
26.9. Tier-Specific Cleanup
a. Post-project cleanup standards remain governed by the service tier selected as detailed in Section 27.
b. Cleanup obligations and their sequencing do not affect or delay the payment trigger established under Section 26.5.
Service Tier Structure
27. Tiered Service Structure and Scope Definitions
a. DCL™ offers tiered service levels to allow clients to select the standard of preparation, execution, oversight, and warranty coverage most appropriate for their project, regardless of trade. Selection of a tier constitutes acceptance of the scope, limitations, inclusions, and exclusions associated with that tier, in addition to the trade-specific scope defined in the applicable Schedule A exhibit.
27.0 Workmanship Tier vs. Material & Fixture Selection Tier
a. The Bronze, Silver, and Gold tiers described in this section govern DCL™'s standard of preparation, execution, project oversight, and workmanship warranty coverage (per Section 17). DCL™'s workmanship standard does not vary based on the price point of materials or fixtures selected by the client — a Bronze-tier project receives the same quality of installation and craftsmanship as a Gold-tier project.
b. Where a project involves client-selected materials, fixtures, or finishes (for example, vanities, faucets, hardware, flooring, or countertops), the client may additionally select from a Bronze, Silver, or Gold material and fixture range for that project, reflecting different price points and product grades. This selection is separate from, and does not by itself change, the workmanship tier or workmanship warranty applicable to the project.
c. The specific material and fixture options, price ranges, and any applicable allowance amounts for each category are documented per project in the applicable Schedule A exhibit and the client's signed selections. Selections exceeding an applicable allowance are subject to additional charges as agreed in writing prior to installation.
| Tier | Standard | Warranty |
|---|---|---|
| 27.1 Bronze — Base Scope | Standard prep for well-maintained sites, minor patching, light sanding, sealing of minor gaps, one finish/installation pass, protection & cleanup, final walkthrough. Undercoat/primer treatment limited to spot application unless itemized. | 1 year |
| 27.2 Silver — Upgraded Scope | All Bronze inclusions plus expanded prep, additional sanding & defect smoothing, improved precision/fit, enhanced protection, scheduled PM check-ins, quality control review. Undercoat treatment selective, non-mandatory. | 3 years |
| 27.3 Gold — Full Restoration Scope | All Silver inclusions plus full correction/repair, mandatory full preparatory treatment (non-negotiable, cannot be reduced or waived), two-phase/industry-best-practice finish system, protective staging, dust/debris-controlled prep, professional post-project cleaning, dedicated PM oversight, priority crew allocation, detailed final inspection. | 5 years |
28. Material Selection Standards
a. Material and product selection varies by service tier and is aligned with performance expectations and durability requirements.
b. Bronze Tier utilizes professional contractor-grade materials and products.
c. Silver Tier utilizes premium high-durability materials and products.
d. Gold Tier utilizes top-tier, best-available materials and products selected at DCL™'s discretion.
e. Specific product brands and manufacturers may vary based on availability, trade, and site conditions, and are documented per project in the applicable Schedule A exhibit. Material selection does not alter scope or warranty coverage beyond what is expressly stated in this agreement and any applicable Schedule A.
29. Discounts and Incentives
a. Standard pricing discounts may apply only to Bronze and Silver Tier projects and do not modify scope, materials, execution standards, or warranty coverage.
b. Gold Tier projects are not eligible for standard discounts. A separate signing incentive may be applied at DCL™'s discretion and does not constitute a reduction in quality, scope, or execution standards.
Faith & Resolution
30. The Covenant of Service & Private Resolution
a. At DCL™ we believe a contract is only as strong as the character of the people behind it. This section governs how we conduct ourselves, how we serve you, and how we resolve disagreements should they arise.
30.1. Our Covenant of Integrity
This agreement is entered into not merely as a commercial transaction but as a Covenant of Service. DCL™ operates as a faith-driven company that recognizes a Higher Authority governing our conduct, our honesty, and the quality of our work. We commit to servicing your property with the highest standard of excellence, treating your home and your family with absolute respect, and delivering exactly what has been promised. Because we answer to God before we answer to anyone else, our word is our bond and our work is our worship.
30.2 Commitment to Peaceful Resolution
a. In alignment with our faith and our commitment to maintaining private, honorable, and professional relationships, both parties agree that public litigation should be a last resort. Should any disagreement or dispute arise regarding the scope, quality, or completion of services under this agreement, both parties mutually covenant to first pursue resolution through DCL™'s right to cure, then direct dialogue, then private mediation, and then binding arbitration before seeking any public legal recourse.
30.3. The Resolution Process
a. Step 1 — Right to Cure: Before any formal dispute process is initiated, DCL™ must be given a fair and reasonable opportunity to assess and correct any identified workmanship concern. The client agrees to notify DCL™ in writing of the specific concern and allow DCL™ a minimum of ten (10) business days to respond and schedule corrective action. No further escalation is permitted until this step has been completed in good faith. This step is mandatory and non-negotiable.
b. Step 2 — Direct Dialogue: If the concern remains unresolved following DCL™'s right to cure, both parties will meet directly and in good faith to discuss and attempt to resolve the matter privately and respectfully before any formal process is initiated.
c. Step 3 — Private Binding Arbitration: If direct dialogue fails to produce a resolution, the matter shall be submitted to a mutually agreed-upon neutral third-party arbitrator or private independent mediation service. All arbitration proceedings shall be conducted in London, Ontario. The decision of the arbitrator shall be confidential, private, and binding on both parties.
d. Step 4 — Legal Recourse: Only in the event that private arbitration entirely fails to yield a resolution, or if one party fails to comply with the arbitrator's binding decision, may either party seek recourse through the courts of the Province of Ontario. This step is a last resort and not a first response.
30.4. Spirit of This Covenant
a. This section is not written to intimidate or to create barriers to justice. It is written because we believe honorable people can resolve honorable disputes honorably. We have built this company on integrity and we intend to finish every project — and resolve every disagreement — the same way.
30.5. Client-Directed Work Stoppage
a. The dispute resolution process described in this Section 30 applies to any instance in which the client requests, instructs, or requires DCL™ or its personnel to cease work, leave the project site, or discontinue the project prior to completion due to dissatisfaction with the scope, quality, or progress of the work, whether or not the client characterizes that instruction as a formal dispute.
b. Before removing DCL™ or its personnel from a project site for such reasons, the client agrees to first provide DCL™ with the Right to Cure described in Section 30.3, including written notice of the specific concern and a minimum of ten (10) business days to respond and schedule corrective action.
c. Where a client removes DCL™ or its personnel from a project site, or directs work to stop, without first providing the Right to Cure required by this section, that action shall be treated as a client-initiated termination of the project under Section 11, and DCL™ shall be entitled to compensation for all labor and materials completed to that point in accordance with Sections 7 and 11, in addition to any other remedy available under this Agreement.
d. Nothing in this section limits the client's right to remove DCL™ personnel from the site immediately in circumstances involving safety, illegal conduct, or other conduct that would constitute a reasonable basis for immediate removal under applicable law. This section applies specifically to removal based on dissatisfaction with workmanship, scope, or progress.
30.6. Access for Corrective Work
a. Where DCL™ is entitled to perform corrective work under the Right to Cure process described in Section 30.3, or to address deficiencies documented under Section 26.4, the client agrees to provide DCL™ with reasonable access to the project site to perform that work.
b. If the client refuses or fails to provide reasonable access to allow DCL™ to complete corrective work within the applicable cure period, DCL™'s cure obligation under this Agreement shall be deemed satisfied, any related corrective work shall be deemed complete for the purposes of this Agreement, and full payment — including any holdback under Section 26.5 — becomes immediately due and payable.
Statutory & Compliance
31. Statutory Holdback & Construction Act Compliance
a. Pursuant to Ontario's Construction Act, DCL™ retains a holdback equal to ten percent (10%) of the value of services and materials supplied under each contract and subcontract on every applicable project, consistent with statutory requirements that apply to construction and renovation projects in Ontario regardless of size or sector.
b. This statutory holdback is separate from, and in addition to, the contractual deficiency holdback described in Section 26 of this Agreement. Section 26 protects the client against undocumented workmanship deficiencies; the statutory holdback under this section protects subcontractors and suppliers against non-payment and is held in trust in accordance with the Construction Act.
c. DCL™'s practice is to retain the statutory holdback from every payment made to a subcontractor or supplier, establish a projected release date following the applicable statutory retention period after substantial completion, confirm through a title search that no lien has been registered against the property prior to release, and release the holdback promptly once confirmed clear.
d. For projects extending beyond one year, DCL™ follows the annual holdback release procedures applicable under the Construction Act.
e. Before releasing final payment to any subcontractor or supplier, DCL™'s practice is to obtain confirmation — by title search and, where appropriate, statutory declaration — that subcontractors and suppliers engaged in that scope have been paid.
32. Prompt Payment & Invoicing
a. DCL™ issues invoices in accordance with the "proper invoice" requirements of the Construction Act and pays subcontractors within the statutory payment window following receipt of a proper invoice, or provides a Notice of Non-Payment where a genuine dispute exists.
33. Permits & Building Code Compliance
a. DCL™ identifies permit requirements at the estimating stage for any scope of work involving structural changes, load-bearing modifications, additions, or other permit-triggering work, and discloses permit requirements and responsibility to the client in writing prior to contract execution.
b. Unless otherwise agreed in writing, responsibility for obtaining required permits and associated fees will be specified per project in the applicable estimate or Schedule A exhibit.
34. WSIB Clearance & Subcontractor Compliance
a. DCL™ obtains a valid WSIB (Workplace Safety and Insurance Board) clearance certificate from every subcontractor prior to that subcontractor commencing work on a project, and re-verifies clearance prior to final payment.
35. Constructor Designation & Site Safety
a. Where two or more employers or contractors have workers performing work at the same project site concurrently, DCL™ recognizes that it may be designated the "constructor" for that project under the Occupational Health and Safety Act, and maintains site safety coordination practices consistent with that designation where applicable.
36. Concealed & Pre-Existing Conditions; Designated Substances
a. Estimates and proposals are based on visible conditions at the time of assessment. Concealed conditions not reasonably discoverable prior to commencing work — including but not limited to structural deficiencies, water damage, mold, pest damage, or deteriorated framing — may be discovered once work begins.
b. Where a concealed condition is discovered, DCL™ will notify the client in writing, and the scope, price, and timeline of the project will be adjusted by mutual written agreement (a Change Order per Section 37) before work in the affected area continues.
c. As a matter of internal policy consistent with industry-standard practice, DCL™ conducts asbestos-containing material testing on any project involving construction or renovation dated prior to 1990, across all trades and material types, including but not limited to ceiling texture and acoustic finishes, drywall and joint compound, flooring (including vinyl floor tile, sheet flooring, and adhesive or mastic backing), insulation (including vermiculite/loose-fill attic insulation and pipe or mechanical system insulation), roofing materials, and cement-based exterior siding or parging. Different asbestos-containing materials were subject to different, overlapping phase-out dates in Canada between the 1970s and 1990, and existing stock of restricted materials often continued to be installed for a period after initial manufacturing restrictions took effect. DCL™ therefore applies a single, consistent pre-1990 testing threshold across all material types rather than relying on material-specific dates, in order to protect its workers, clients, and business against exposure and liability risk.
d. Where a suspected designated substance (including but not limited to asbestos-containing materials, lead paint, or mold) is encountered, DCL™ will stop work in the affected area and notify the client in writing. DCL™ does not perform testing, abatement, or remediation of designated substances directly under any circumstance. All such work is referred to and performed exclusively by a certified, licensed third-party abatement professional, at the client's cost unless otherwise agreed in writing, and DCL™ will not resume work in the affected area until that professional has confirmed the area is safe to proceed.
e. Where required under applicable Ministry of Labour, Immigration and Skills Development (or successor ministry) regulations, notice of the abatement work will be provided to the Ministry prior to that work commencing. This notice is the responsibility of the certified abatement professional performing the work, consistent with their obligations as a licensed contractor for that scope.
f. DCL™ is not liable for the presence of pre-existing concealed conditions or designated substances not caused by DCL™, and reserves the right to suspend work in the affected area until the condition is resolved.
Changes & Legal Terms
37. Change Orders & Scope Modifications
a. Any change to the scope of work described in the applicable estimate, proposal, or Schedule A exhibit — whether requested by the client or arising from a concealed condition, permit requirement, or other development — must be documented in a written Change Order before the changed work proceeds.
b. A Change Order will specify the change in scope, any resulting change in price, and any resulting change in the project timeline, and becomes binding once signed or otherwise confirmed in writing by both parties, including by email.
c. DCL™ is not obligated to perform any additional or changed work until a Change Order covering that work has been agreed in writing, and is not responsible for delays caused by the client's failure to promptly respond to a proposed Change Order.
d. Verbal requests, "while you're here" additions, or informal instructions to crew members on-site do not constitute an agreed Change Order and do not obligate DCL™ to perform or price that work.
38. Force Majeure & Delay
a. DCL™ is not liable for delay in performance caused by events beyond its reasonable control, including but not limited to severe weather, material or supply shortages, manufacturer or supplier delays, labour shortages, permit or inspection delays, acts of government, or other circumstances beyond DCL™'s reasonable control.
b. Where such an event delays a project, DCL™ will notify the client of the delay and a revised anticipated timeline as soon as reasonably possible. The project timeline shall be extended by a period reasonably corresponding to the delay.
c. This section does not excuse DCL™ from its other obligations under this Agreement once the delaying event has resolved.
39. Entire Agreement
a. This Agreement, including all Schedule A exhibits (or estimates/proposals functioning as Schedule A under Section 6.8), Change Orders, and any documents expressly incorporated by reference, constitutes the entire agreement between the client and DCL™ with respect to its subject matter, and supersedes all prior or contemporaneous verbal or written representations, estimates, proposals, or communications not expressly incorporated herein.
40. Severability
a. If any provision of this Agreement is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed, and the remaining provisions of this Agreement shall remain in full force and effect.
41. Amendment
a. This Agreement may only be amended or modified by a written document signed by both parties, or, in the case of a Change Order under Section 37, confirmed in writing by both parties, including by email.
42. Notices
a. Any written notice required or permitted under this Agreement shall be delivered by email to the address provided by each party, and shall be deemed received on the date sent, provided no delivery failure notification is received. DCL™'s designated addresses for notices under this Agreement are set out in the applicable section governing that notice (e.g., Sections 6.6, 12, and 18).
43. Assignment
a. The client may not assign this Agreement or any rights or obligations under it without DCL™'s prior written consent. DCL™ may assign this Agreement to a successor entity, affiliated company, or purchaser of its business, provided that any such assignment does not diminish the client's warranty rights under Section 17.
44. Media, Photography & Marketing Release
a. The client grants DCL™ the right to photograph, film, and otherwise record the project site, work in progress, and completed work, for DCL™'s commercial use, including but not limited to marketing, advertising, social media, portfolio, and promotional materials, without compensation to the client.
b. All photographs, video, and other media captured by or on behalf of DCL™ under this section are the sole property of DCL™, and DCL™ may use, reproduce, edit, publish, and distribute such media in any format and through any medium, in perpetuity, for commercial purposes.
c. DCL™ will exercise reasonable discretion not to disclose the client's specific street address or other personally identifying information in connection with published media, unless otherwise agreed with the client in writing.
d. This section survives completion of the project and termination or expiration of this Agreement.
45. Subcontractor Insurance Requirements
a. In addition to the WSIB clearance required under Section 34, DCL™ requires every subcontractor to maintain valid commercial general liability insurance in an amount consistent with the scope of work being performed, and to provide proof of that coverage to DCL™ prior to commencing work on a project.
46. Site Security & Material Theft
a. DCL™ will take reasonable precautions to secure materials and equipment staged at the project site. DCL™ is not responsible for theft or vandalism of materials, equipment, or completed work occurring at the site due to circumstances beyond DCL™'s reasonable control, including where the site is not reasonably securable, such as an open exterior renovation.
b. Where materials are stolen or vandalized prior to installation, replacement cost and any resulting delay will be addressed in accordance with Section 38 (Force Majeure & Delay), unless the loss is attributable to DCL™'s negligence.