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ARTICLE · 03 MAY 2021

The Search Continues: Changes To The Publication Of Construction Documents

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Ontario's Construction Act ("CA") allows for the early release of holdback funds following the publication of a Certificate of Substantial Performance ("CSP").

CanadaReal Estate and Construction
Michael McCluskey
Michael McCluskey
Elizabeth Gutierrez Nadal
Elizabeth Gutierrez Nadal
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Ontario's Construction Act ("CA") allows for the early release of holdback funds following the publication of a Certificate of Substantial Performance ("CSP"). While the funds must still be held until the lien period has expired, the triggering event moves from "last day on site" to the date of publication of the CSP. Likewise, if you are a contractor on site at the time the CSP is published,  the published CSP captures the work done prior to publication, and as such, a lien would need to be registered within 60 days of publication, even if the contractor is still on site working. Given the above, being aware of when a Certificate is published is important for calculating both lien rights, and holdback entitlement.

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