FAQs

Yes. Substantial performance is reached when the contractor or subcontractor is of the opinion that the contract or subcontract is “substantially performed”. Per section 2, a contract or subcontract is substantially performed:

(a) When the work under a contract or a subcontract or a substantial part of it is ready for use or is being used for the purpose intended, and
(b) When the work to be done under the contract or subcontract is capable of completion or correction at a cost of not more than
    (i) 3% of the first $500 000 of the contract or subcontract price,
    (ii) 2% of the next $500 000 of the contract or subcontract price, and
    (iii) 1% of the balance of the contract or subcontract price.

Note, contracts often have different definitions of substantial completion and tend to conflate it with substantial performance.

There is not a prescribed form for the certificate of substantial performance, so the signature of the party posting isn’t strictly required; in posting the certificate, you would be consenting to publicly disclosing that signature, whether electronically or posted to the job site.

Yes. The legislation does not require an original signature.

Yes, you have 24 hours to correct any mistakes without being charged another fee.