SUBSTANTIAL PERFORMANCE OF THE WORK. 5.5.1 When the Contractor considers that Substantial Performance of the Work has been attained the Contractor shall, within one (1) Working Day, deliver to the Contract Administrator and to the Owner a comprehensive list of items to be completed or corrected, together with a written application for a review by the Contract Administrator to establish Substantial Performance of the Work. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Agreement. Such written application shall include the proof required by the Agreement including the Specifications to demonstrate that the Work has been substantially performed in conformance with the requirements of the Construction Act.
5.5.2 The Contract Administrator shall review the Work to verify the validity of the written application for Substantial Performance of the Work and shall promptly, and in any event, no later than twenty (20) Calendar Days after receipt of the Contractor’s list and application: .1 advise the Contractor in writing that the Work is not substantially performed and give reasons why, or .2 set out the date of Substantial Performance of the Work in the certificate of Substantial Performance of the Work and issue a copy of such certificate to each of the Owner and the Contractor within seven (7) Calendar Days after signing such certificate. The certificate of Substantial Performance of the Work shall be in the form prescribed by the Construction Act.
5.5.3 Immediately following the issuance of the certificate of Substantial Performance of the Work, the Contractor shall prepare and submit to the Owner and the Contract Administrator a schedule for completing the Work and correcting all Deficiencies, which establishes the date for the Total Performance of the Work. Upon the Owner and the Contract Administrator’s approval of such schedule, the Construction Schedule shall be deemed to be amended to include such schedule. The date for Total Performance of the Work identified in such schedule shall not be later than the Scheduled Date for Total Performance of the Work.
5.5.4 Upon receipt of a copy of the certificate of Substantial Performance of the Work, the Contractor shall forthwith, as required by section 32(1) of the Construction Act, publish a copy of the certificate in the manner set out in the regulations. If the Contractor fails to publish a copy of the certificate of Substantial Performance of the Work within seven (7) Calendar Days after ...
SUBSTANTIAL PERFORMANCE OF THE WORK. Delete definition 20 in its entirety and replace with the following: “Substantial Performance means when all of the following have occurred:
(a) the Contract is deemed to have been substantially performed within the meaning of the Construction Act, R.S.O. 1990 c. C.30 and is so certified by the Consultant and a certificate of substantial performance is issued by the Consultant and published in accordance with the relevant and applicable provincial provisions of the construction lien act in accordance with GC 5.4.1; and
(b) all Work which has been completed has been performed substantially to the requirements of the Contract Documents including without limitation substantially in accordance with all drawings and specifications therefor and is so certified by the Consultant; and
(c) where applicable, the Contractor has obtained and delivered to the Consultant and the Owner clear inspection reports from all authorities having jurisdiction with respect to any component of the Work which has been completed, unless such inspection reports are not obtained because of any failure on the part of the Consultant to perform any action or take any step which is necessary to permit the authorities to perform any required inspection of the relevant component of the Work or required as a condition to such inspection or the issuance of an inspection report; and
(d) the Contractor in consultation with the Consultant shall have prepared and delivered to the Consultant and the Owner a “punch list” defined as all items of the Work which are incomplete, outstanding, deficient or defective and in general non-conformance with the Contract Documents as determined by the Owner and/or Consultant in their sole discretion, and remain to be completed or rectified with projected completion dates for each item specified.”
3.2 Add the following paragraphs:
SUBSTANTIAL PERFORMANCE OF THE WORK. 5.5.1 When the Construction Manager considers that the Work is substantially performed, or if permitted by the lien legislation applicable to the Place of the Work a designated portion thereof which the Owner agrees to accept separately is substantially performed, the Construction Manager shall, within 1 Working Day, deliver to the Consultant and to the Owner a comprehensive list of items to be completed or corrected, together with a written application for a review by the Consultant to establish Substantial Performance of the Work or of the designated portion of the Work. Failure to include an item on the list does not alter the responsibility of the Construction Manager to complete the Contract.
5.5.2 The Consultant will review the Work to verify the validity of the application and shall promptly, and in any event, no later than 20 calendar days after receipt of the Construction Manager's list and application:
SUBSTANTIAL PERFORMANCE OF THE WORK. Substantial Performance of the Work means, where defined in the lien legislation applicable to the Place of the Work, the meaning given to that term in the lien legislation. If such legislation is not in force or does not contain such definition or if the Work is governed by the Civil Code of Quebec, Substantial Performance of the Work will have been reached when the Work is ready for use or is being used for the purpose intended and is so certified by the Engineer or by the certifier, if any, appointed under the Construction Contract, as the case may be.
SUBSTANTIAL PERFORMANCE OF THE WORK. AND PAYMENT OF HOLDBACK 5.4.1 When the Contractor considers that Substantial Performance of the Work has been achieved, the Contractor shall prepare and submit to the Consultant and the Owner a comprehensive deficiency list of items to be completed or corrected, including any incomplete Close-Out Documentation, and apply for a review by the Consultant and the Owner to establish Substantial Performance of the Work. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Contract.
SUBSTANTIAL PERFORMANCE OF THE WORK. Delete the words “finishing the Work” and replace with the words “attaining Final Performance of the Work”.
SUBSTANTIAL PERFORMANCE OF THE WORK. Delete paragraph 5.4.3 in its entirety and substitute new paragraph 5.4.3:
SUBSTANTIAL PERFORMANCE OF THE WORK. The Contractor shall deliver a notice to the Owner and the Consultant at least ninety (90) days prior to the date anticipated by the Contractor to be the Substantial Performance Date. The Contractor acknowledges that the Owner needs a minimum of ninety (90) days notice prior to the anticipated Substantial Performance Date to prepare for the Commissioning. The Contractor shall advise the Owner and the Consultant of any change in the anticipated date. The Contractor shall, by the date which is twenty (20) days prior to the anticipated Substantial Performance Date as set out in the Contractor’s notice, prepare a list, in electronic format on software that identifies deficiencies by division, by trade and by location (the “Contractor’s Preliminary Minor Deficiencies List”) of Minor Deficiencies including an estimate of the cost of and the time for rectifying such Minor Deficiencies.
SUBSTANTIAL PERFORMANCE OF THE WORK. Subject to applicable legislation, arrange with the Prime Consultant for the issuance of the necessary certificates respecting Substantial Performance of the Work under the applicable provisions of the Construction Lien Act (Ontario) or designated portions thereof and prepare with the Consultants a list (the “Deficiency List”) of incomplete or unsatisfactory items and a schedule for their completion.
SUBSTANTIAL PERFORMANCE OF THE WORK. Subject to applicable legislation arrange with the Consultant for the issuance of the necessary certificates respecting substantial performance of the Work or designated portions thereof and prepare with the Consultant a list of incomplete or unsatisfactory items and a schedule for their completion.
3.11.1 Distribute substantial performance and total performance certificates.
