is a certificate of substantial completion from the Architect
AIA G704
i consider a notice of completion as well ?
3 replies
Jan 13, 2020
No, a Certificate of Substantial Completion and a Notice of Completion are two separate documents used in different circumstances.
Certificate of Substantial Completion
A Certificate of Substantial Completion is used internally on a construction project. The purpose of this is to require the contractor to guarantee that the scope of work under the contract has been substantially completed, this will affect how and when final payments are to be released.
This can potentially provide the date of completion of the project. But it's not cut and dry that this will be the case. However, the reason these certificates are important is that barring any additional work or factors, this could kickstart the 90-day deadline to file a California mechanics lien.
A Notice of Completion (NOC)shouldn't be confused with a Certificate of Substantial Completion. An NOC is a document filed in the county recorder's office by the property owner notifying potential lien claimants of the project's actual completion date. The effect of recording this document is to reduce the amount of time a contractor or supplier can file a CA mechanics lien. This reduces it from the typical 90-day timeframe to a mere 60 days.
No, not for purposes of shortening the time for claimants to assert statutory remedies under California law. A notice of completion must comply with the Civil Code and must be timely recorded and served to be effective. You can read more about notices of completion here: https://www.levelset.com/payment-help/state/california/notice-of-completion/