FAQ.19

Question:

Can an architect issue a Certificate of Substantial Performance jointly with a payment certifier? Where the architect would certify that part a)

Answer:

No. The Construction Act (CA) is clear that either the Payment Certifier or the owner and contractor jointly shall issue the Certificate of Substantial Performance.

Although the CCDC contract may not reference the statutory declarations, the financing agreement with the Client may require it. It may be prudent to either request information regarding such agreements before issuing the second certificate or stating in a covering letter something like, “No statutory declaration has been submitted with this invoice. The client should ensure whether such documentation is required by its lender before making payment.”