Terms & Conditions

Schedule, Weather + Site Conditions

• Work schedules depend on weather and site conditions.

• BCX may postpone, delay, suspend, or resequence work due to weather or site conditions, including groundwater, frozen ground, or other environmental factors.

• BCX is not liable for delays resulting from these conditions.

• No damages, penalties, extended overhead, standby, acceleration, or liquidated damages apply to weather- or site-condition-related delays.

Force Majeure

• BCX is not responsible for failure or delay in performance due to events beyond its reasonable control, including natural disasters, labour disruptions, pandemics, government restrictions, utility or permitting delays, or supply chain disruptions. Time for performance will be extended accordingly.

• BCX is not responsible for costs, losses, or damages arising from Force Majeure events.

Additional Work + Cost-Plus Services

• Work outside the agreed scope (“Extra Work”) may be completed on a time and materials (cost-plus) basis unless otherwise agreed in writing.

• Extra Work is documented and approved internally by BCX management.

• If newly discovered work is required to protect safety, quality, regulatory compliance, or schedule, and reasonable efforts have been made to notify the Owner, BCX may proceed without prior written approval.

• Such work is deemed approved, and costs apply.  The Owner waives the right to dispute authorization, scope, or pricing of Extra Work completed in accordance with this section.

• Extra Work is billed at BCX’s current labour and equipment rates, plus materials, subcontractors, and applicable mark-ups.

• Extra Work is payable in accordance with BCX’s standard invoicing terms and is not contingent on project completion.

Utilities

• Owners must accurately locate, mark, and disclose all private underground utilities before work begins.

• BCX is not responsible for undisclosed or incorrectly located private utilities.

• Costs resulting from incorrect utility information are billed to the Owner on a cost-plus basis.

• The Owner indemnifies and holds harmless BCX from all claims, losses, fines, or damages arising from incorrect, incomplete, or undisclosed private utility information.

Site Access

• Owners must provide clear, safe, and unobstructed access suitable for required equipment throughout the project.

• BCX is not responsible for damage to access routes except where caused by BCX’s negligence.

• Access issues may result in delays, standby charges, or cost-plus billing.

• BCX retains sole discretion to determine whether site access is adequate and safe for mobilization and continued work.

Drainage

• BCX does not guarantee drainage performance unless drainage design and specific performance criteria are explicitly included in the written scope of work. In particular, BCX does not guarantee positive drainage or water shedding on lands with an overall slope of less than two percent (2%), as such conditions may require engineered design solutions beyond excavation or grading services.

• No implied warranty or representation is made regarding drainage performance outside the written scope of work.

Invoicing + Payment

• BCX issues invoices in accordance with Alberta’s Prompt Payment and Construction Lien Act.

• Payment is due within 28 days of receipt, without set-off, deduction, or holdback except as expressly permitted under the PPCLA or applicable project specific contracts.

• Late payments accrue interest at 3% per month (36% annually).

• Written notice of non-payment, including reasons and amounts, must be provided within 14 days of invoice issuance. Failure to provide such notice within the prescribed timeframe constitutes acceptance of the invoice as payable.

• Warranty obligations are suspended while accounts remain unpaid.  BCX has no obligation to mitigate loss, prevent deterioration, or attend site during any period of non-payment. Demobilization expenditures  associated with non payment are the sole responsibility of the Owner.

• BCX may suspend work for non-payment without liability.

• Unpaid invoices may result in a lien being registered against the property, with all associated costs billed to the Owner.

Owner Responsibilties + Claims

• Owners must request clarification on unclear items before work begins.

• BCX is not responsible for misunderstandings where clarification was not requested and work followed the agreed scope.

• Owner-requested changes or corrections are billable.

• Any concerns or claims must be submitted in writing as soon as reasonably discovered.  Failure to comply with the notice and inspection requirements in this section constitutes a waiver of the owner's claim to the extent permitted by law.

• BCX must be given the opportunity to inspect and address issues before third-party corrective work is undertaken.  The Owner shall not engage third parties to perform corrective work without BCX’s prior written consent.

• Verbal or informal site discussions do not constitute written notice.

Natural Materials

• Natural materials (soil, gravel, rock, wood) vary inherently. Variations in appearance, composition, or performance are not defects. BCX shall not be held liable for these variations. 

Wokmanship, Safety + Compliance

• BCX performs work in a workmanlike manner consistent with industry standards.

• All work complies with applicable laws, regulations, BCX’s safety management system, and COR requirements.

• BCX does not provide engineering services unless expressly stated in writing.

Warranty

• Unless otherwise stated, workmanship is warranted for one year from substantial completion, excluding defects arising from normal wear and tear, environmental exposure, lack of maintenance, third-party interference, or Owner-caused delay.  Warranty is limited to repair or correction of defective workmanship at BCX’s discretion.

• Warranty claims are assessed by an authorized BCX representative.

Unsafe Conditions

• BCX may refuse to perform work under unsafe conditions. Owners indemnify BCX for claims or losses arising from Owner-directed unsafe work.

Cancellation

• Lump Sum Contracts: 10% of contract value plus work completed to date.

• Time & Materials Contracts: Payment for work completed plus a cancellation fee of 20% of remaining estimated value or $2,500 (whichever is greater).

• Cancellation fees represent a genuine pre-estimate of loss and are non-refundable.

Owner- Caused Delays + Standby Charges

• Owner-caused delays exceeding two days may result in standby charges:

  • Lump Sum: 5% of contract value per day

  • Time & Materials: 10% of equipment hourly billings per day (8 hours = one day)

Subsurface Conditions

• BCX is not responsible for unforeseen subsurface conditions. Costs to address such conditions are the Owner’s responsibility. Cancellation due to these conditions does not trigger standard cancellation fees, but demobilization costs apply.

• BCX does not warrant subsurface conditions and relies on information provided by the Owner or available at the time of work.

Limitation of Liability

• BCX’s total aggregate liability for all claims arising from the project is limited to the contract value, to the maximum extent permitted by law. Indirect, consequential, incidental, or punitive damages are excluded. This limitation applies regardless of the legal theory advanced.

Insurance

• BCX maintains commercial general liability and workers’ compensation insurance. Proof is available upon request. Project-specific securities are provided if required, with associated costs billed to the Owner.

Dispute Resolution

• Disputes shall first be addressed through mediation or arbitration in Alberta as a condition precedent to court proceedings.  If an Owner bypasses this process, all associated legal and administrative costs incurred by BCX are the Owner’s responsibility.

• These Website Terms and Conditions are governed by the laws of the Province of Alberta.

Important Note

• These website Terms and Conditions are provided for transparency and understanding. All projects are governed by BCX’s full Standard Terms and Conditions, which form part of any accepted quotation, agreement, or contract extension.