What does substantial completion mean?

Substantial completion means the project, or a portion of the project, is fit for its intended use. The owner can then occupy and use the property.

What is substantial performance in contract law?

Substantial performance is a contract law doctrine that allows parties to be paid under a contract and to retain the benefit of a contract even if they technically failed to comply with the precise terms of the agreement. In this scenario, substantial performance is not good enough to satisfy the terms of an agreement.

How is substantial completion determined?

Substantial completion is the stage when a construction project is deemed sufficiently completed to the point where the owner can use it for its intended purpose. This determination is normally performed by the engineer, architect, construction manager, the owner or the owner’s designated representative.

What is the difference between substantial completion and substantial performance?

Substantial Completion marks the point in the construction timeline when, according to the Canadian Construction Documents Committee (CCDC) Stipulated Price Contract, “Substantial Performance of the Work shall have been reached when the Work is ready for use or is being used for the purpose intended and is so certified …

What is an example of substantial performance?

Some examples of substantial performance include the following: A contract wherein one party must supply 100 pumps but only 95 were delivered. The property being purchased was supposed to be 50 acres, but was only 48 acres.

What happens when a lien is placed on a property?

Lastly, when a lien gets attached to a plot of land, the title to the property is said to be “encumbered” by the lien (also known as “burden”). Basically, what this means is that it will be very difficult to sell or purchase the property due to the debt payments still owed on it, as well as the prospect of future legal action because of the lien.

What can a solicitor do with a lien?

A lien is a solicitor’s right to keep your property until you pay all fees and payments that you owe them. It’s a form of security that helps lawyers ensure their fees are paid. A lawyer can claim a lien even when you have paid a substantial amount to them previously and only a small amount remains unpaid. What Property Can the Lawyer Hold?

What is the purpose of a lien release?

The purpose of a lien release is to notify the public that the property owner has officially satisfied their debts and as such, the property is no longer encumbered by a lien. In other words, a lien release has the effect of removing the lien from the landowner’s property.

Can a lien fund be used to pay all claimants?

Also, the lien fund is sometimes insufficient to pay off all lien claimants. Therefore, although a lien is an important form of security for payment, it certainly does not guarantee payment. On the other hand, a lien can sometimes provide the only security for payment when a debtor becomes insolvent or refuses to make payment.

When does the government put a lien on a property?

Property Tax Liens When land or homeowners fail to pay their property taxes, the municipal government has the right to place a lien on the property. This means the owner can’t refinance or sell the property without satisfying the debt to remove the lien. The government issues a tax lien certificate when the lien is placed on the property.

Who are the creditors that have a lien on your property?

There are also “involuntary secured creditors”—those who have filed a lien (legal claim) against your property because they have a judgment against you or you owe a tax debt.

What happens after a lien is filed in court?

In this case, your customer must pay the face value of the lien plus costs typically 10-15% into court in order to have the lien discharged. This generally happens when a large jobsite is liened and the presence of the lien is holding up work or the release or further funds.

When does a lien go into effect in Alberta?

In Alberta, for example, your lien is valid for 180 days from the date the lien was placed. In Ontario, liens are only valid for 90 days from the date of last on site working. If your customer refuses to pay within the first 30-60 days, legal action or collections may be an additional action you want to take to help enforce your lien.