Progress Claim Backup Checklist

Progress Claim Backup Checklist

Fast-Fact Summary Box

• Template Type: Progress Claim Backup Checklist
• Governing Framework: Ontario Construction Act Prompt Payment Rules (Bill 216 / Bill 60 Amendments)
• Target Trade: General Contractors & Subcontractors
• Primary Operational Risk: Proper invoice intake, backup evidence, deficiency notice timing, and payment release

Scope Boundaries (Who/What it applies to)

This checklist applies to all General Contractors, Trade Contractors, and Subcontractors administering progress claims on commercial, institutional, and industrial projects in Ontario. It governs the administrative and evidentiary boundaries required to compile, verify, and submit a "Proper Invoice" under the Ontario Construction Act. The scope encompasses all monthly progress valuations, schedule of values breakdowns, statutory declarations, and supporting field documentation. It excludes off-site material storage valuations unless explicitly authorized by the prime contract, and excludes unapproved change orders or disputed extra-work claims that have not received formal written authorization.

Mandatory Deliverables & Administrative Windows

To ensure compliance and prevent payment delays, the following deliverables must be compiled and submitted within the specified administrative windows:

• Pencil Copy Submission: Draft progress claim submitted 5 business days prior to the formal valuation date for preliminary consultant review.
• Schedule of Values (SOV): Detailed, itemized breakdown of work completed to date, aligned with the approved baseline contract budget.
• Statutory Declaration (Form 9): Mandatory for the second and all subsequent progress claims, declaring that all subcontractors and suppliers have been paid up to the previous billing cycle.
• WSIB Clearance Certificate: A valid Workplace Safety and Insurance Board clearance certificate, dated within 60 days of the progress claim submission.
• Progress Photos and Field Logs: Time-stamped, geo-tagged digital photographs and daily superintendent logs verifying the percentage of physical completion claimed.
• Approved Change Orders: Fully executed Change Orders (COs) with signed authorization from the owner or consultant; unapproved Change Directives must be billed separately under specific contract provisions.

Ontario Regulatory Compliance Notes

All progress claims must strictly adhere to the Ontario Construction Act Prompt Payment Rules, incorporating the January 1, 2026 amendments:

• Invoices are legally deemed proper unless the owner gives a formal written notice of deficiency within 7 days after receiving the invoice. Missing the 7-day notice window forfeits the right to dispute invoice form or structure and starts the 28-day prompt-payment timeline.
• For contracts extending beyond one year, owners must publish a Notice of Annual Release of Holdback (Form 6) on an electronic construction trade news website within 14 days after each contract anniversary. Payment of the accrued basic holdback must occur no earlier than day 60 and no later than day 74 after publication, provided no liens are preserved.
• The former section 27.1 notice-of-non-payment mechanism for refusing holdback distribution due to deficient or incomplete work is repealed. Holdback use is restricted to formal contract abandonment or termination scenarios and preserved lien risk.
• Parties have a strict 90-day window after contract completion, abandonment, or termination to initiate interim binding adjudication through ODACC or a qualified private adjudicator.

Form/Sign-off Requirements

• Authorized Signatures: Wet or verified digital signatures from the Project Manager and Chief Financial Officer (or authorized corporate officer).
• Statutory Declaration Execution: Form 9 must be signed and sealed by a Commissioner for Taking Affidavits in Ontario.
• WSIB Clearance Verification: Verification code and certificate number must be logged and attached to the claim package.
• Change-Order Reconciliation: Written acknowledgement and sign-off from the consultant confirming that the billed change orders match the current contract registry.
• Record Retention: All progress claim backup, including timesheets, delivery slips, and subcontractor invoices, must be retained in a secure project management system for a minimum of seven (7) years.

Official Verification Sources

• Ontario Construction Act, R.S.O. 1990, c. C.30
• O. Reg. 304/18 (Procedures and Forms)