The Construction Act requires Certificates of Substantial Performance (CSPs) to be published in a “daily construction newspaper,” but this includes such publications that are digital-only, as well as print editions such as Daily Commercial News. This creates a situation in which subcontractors and suppliers will have to monitor multiple publications in order to preserve their lien rights.
Ontario Construction News has already advised it now publishes Certificates of Substantial Performance, and Link2Build, an alliance of seven Ontario construction associations, has followed suit.
Its Link2Build.ca is a news and information portal that includes project bid opportunities for contractors as well as publication of CSPs and other legal items, such as Notices of Non-Payment of Holdback, Notices of Termination, Certificates of Completion of Subcontract and Notices of Intention to Register a Condominium.
The group comprises:
- Grand Valley Construction Association;
- Kingston Construction Association;
- London & District Construction Association;
- Niagara Construction Association;
- Northeastern Ontario Construction Association;
- Ottawa Construction Association; and
- Windsor Construction Association.
Architects should be aware that proof of publication may now come from this site or from different publishers. Clients should be advised to have their lawyers confirm that any such publisher complies with the requirements of the Construction Act, and that its publication of the Certificate of Substantial Performance can be relied on to establish the date for release of basic holdback.