The role of the independent certifier (IC) in the Canadian market is well established. A party responsible for a broad range of duties, but fundamentally working with public and private sectors to mediate the intended outcome for a project. But what makes the difference to real success is an actively engaged and proactive IC who can help drive better than expected results through project delivery – here’s how:
Defining success in construction
A successful construction project is usually described in terms of achievements in the areas of quality, functionality, safety, schedule and finances. The people who’ve worked on the project will often talk about open and honest communications and the win/win teamwork they experienced.
Unfortunately, not all construction projects can be described this way. The erosion of profit margins, tighter technical tolerances, shortened schedules, concern over the quality of work and the overuse of litigation to resolve disputes, coupled with a high potential for adversarial relationships among project members, tends to produce win/lose situations.
What makes the IC truly independent
An independent certifier is typically appointed with the consent of both private and public parties, who must certify the construction work as set out in the contract.
What makes the IC truly independent? The IC fees are paid by both parties equally; the responsibility is to both contract parties.
Responsibilities of the independent certifier
- Inspect and monitor the work.
- Attend any performance testing during commissioning.
- Advise the private party if any rectification is required.
- Certify that the construction phase has been successfully completed in compliance with the contract.
- Report if the project is going to finish on schedule.
- Issue an informed decision on any disputes that both parties may need for clarification.
- Issue a completion certificate as contractual evidence that the construction phase is complete and that the project is available for the operations phase.
The Canadian perspective
The above is a very high-level perspective of the role, especially in Canada, where we rely on the certification of the Professionals of Record (architects, structural / mechanical / electrical engineers).
The independent certifier will do spot checks and the knowledge of construction will identify key elements that need to be focused on throughout the construction of the project, for example the progress of work against the schedule.
The design-and-build contractor in a P3 scheme is, as in any other construction process, responsible for building to the contract specification. However, it is the independent certifier who determines if the building is ready per the contract documents. The IC role is to impartially verify that the building is ready and built to the design and standards as certified by the Professionals of Record.
Dispute resolution and the IC advantage
The utilisation of an IC is a benefit to a project to resolve the disputes. Disputes can be caused by many things from ambiguous contract language, interpretation of the scope, delay to the schedule to name a few.
The IC is not an engineer (for this role) but more of a contract manager. The monthly interaction allowed to the IC by attending any meetings between the contract parties, having access to all the pertinent information and access to the construction site, gives the IC an unprecedented knowledge of the project which will allow for a quicker remedy to any potential dispute through mediation, rather than the more formal, and costlier, arbitration process.
Having an IC available for both contract parties is considerably advantageous as this allows for faster dispute resolution of a matter, who has a more detailed knowledge of the project, allowing the project to move on to a successful completion.
Ongoing engagement for better outcomes
The goal of the IC should be to engage with the parties throughout the construction process. This active involvement mitigates questions and queries the parties may have normally, that do not need full dispute services, but an independent level-headed opinion to allow for the project to move forward.
These ongoing discussions allow for both parties to have someone to help determine if something is reasonable. This is where the IC utilises their knowledge and experience in construction and the contracts to provide sound advice to keep the project moving forward.
Making the hard calls
However, not everything is as simple as previously stated. There must be a level of acceptance from the contract parties to accept the decision of the IC. It would not be a dispute and deemed to need an opinion/decision of the IC if there was not a difference in interpretation of an item.
It is the IC’s working knowledge of the project, the contract and an objective point of view as to why the independent certifier should be required on every project – to make the hard decisions.
Case study: Hopkins Correctional Centre, Australia
Hopkins Correctional Centre in Australia is an example of where the original consortium went into liquidation, and all the parties involved in the project were replaced, including the IC. WT was subsequently hired under the new contract to fulfil the role and completed the following tasks to make the project a success again.
How WT contributed to the success of the project delivery
- The early contractor engagement (ECI) tracked and reported unabated and highlighted the contractors’ deficiencies in terms of adhering to/maintaining the agreed schedule. Further, the risk of these deficiencies in terms of investigative works (defects and destructive testing) was brought to the fore which facilitated scrutiny and emphasis on certain key buildings (Gatehouse + Forensic mental health, etc). Unfortunately, the D&C Subcontractor was resource/management deficient due to the location of the project and allowed other key buildings such as the Kitchen/Laundry to slip under the investigative net which cost the project dearly much later.
- WT tracked the schedule and various sub-schedules in minute detail, constantly interrogating the deliverables, the estimated time periods, sub-contract resource forecasts including management strategies, etc.
- WT tracked the cash flow forecast vs. actual drawdown and coupled this with both direct and indirect resources.
- WT tracked resources by trade and conducted on-site trade audits to validate numbers, including validating trade numbers to critical areas/zones/buildings.
- Regular and detailed site inspections recording and photographing internal detail and progress.
- Regular and in-depth meetings with the D&C subcontractors’ planners/programmers to understand change in logic, change in process and look-ahead strategies.
- Graphic representation of tracking depicting trend analysis and applying narrative to this. Risk review and early warning mechanisms in terms of specific aspects associated with FAT testing / off-site works / design / shop drawings / permitting and other interface which might not be physically evident through inspection. Detailed analysis on the completions schedules / proposed test reports / time periods and resources and what-if scenarios.
- Regular dialogue with all stakeholders including ensuring that the issues are well understood by the relevant personnel.
The strategic importance of the independent certifier in Canada
The independent certifier plays a critical role in the success of infrastructure projects in Canada, particularly within complex P3 delivery models. Far beyond fulfilling a procedural requirement, a proactive and impartial IC contributes to enhanced transparency, early issue resolution, and a smoother path to completion. Their working knowledge of the contract, the construction process, and the dynamics between stakeholders positions them uniquely to mediate challenges and certify progress with authority and fairness.
When engaged early and supported throughout, the IC helps project teams maintain momentum, navigate ambiguity, and focus on outcomes that serve all parties. In an industry where collaboration and clarity are essential, the independent certifier stands as a trusted partner in delivering projects that meet or exceed expectations.
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