Common use of SUBSTANTIAL PERFORMANCE OF THE WORK Clause in Contracts

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. 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 relevant Provincial lien legislation 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. 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. 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 relevant Provincial lien legislation 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:: “