Under what condition can one waive the Certificate of Substantial Performance?

Waiving the Certificate of Substantial Performance is permissible under specific conditions that pertain to the nature and scope of the project. In this context, the condition that allows for the waiver involves scenarios where the total amount of the incomplete work is minimal.

The correct condition states that if the incomplete work is valued at 1% or less of the total contract value, or less than $1,000, the certificate may be waived. This is grounded in the understanding that such small amounts do not significantly affect the overall project completion and are typically manageable within standard maintenance operations.

This approach is common in contract practices to prevent delays in project acceptance due to minor outstanding work, thereby allowing the owner to take possession or use of the project while maintaining a manageable level of oversight on minimal remaining tasks. It provides a practical solution that streamlines project closure and facilitates timely occupancy or utilization.

In contrast, conditions like total completion being over $1,000, or the absence of substantial performance, do not support waiving the certificate because they imply that significant remaining work might preclude the completion status. Additionally, the provision of all maintenance items alone does not establish the conditions for waiving the certification, as substantial performance must be met or effectively addressed within the defined thresholds