The points that follow are not exotic. They are the conditions a competent owner's representative would verify on any custom build, on any week of the project. Each point is structural rather than situational. Each can be answered yes or no. None requires construction expertise. All require the willingness to ask the question and to act on the answer.
For owners running a custom build personally, this is the working tool. For architects advising clients, it is the framework to use when assessing whether a contractor's financial governance matches the project's complexity. For owners engaging an owner's representative, it is the standard the representative should be applying on the owner's behalf.
Each point includes four elements: what to verify, what good looks like, what failure looks like, and when to escalate. The framework is deliberately practical. It is meant to be used.
"The owner who governs the project does not need to manage the construction. They need to manage the conditions under which the construction is managed."
The 12-Point Checklist
01. Contract Structure Is Clearly Defined
Verify: The contract states explicitly whether the project is cost-plus, stipulated sum, or hybrid. The management fee structure is documented. Any allowance scopes are listed with budgets.
Good: One contract type, named clearly. Fee structure transparent. Allowances enumerated with budgets and markup terms.
Failure: Contract is silent on type, or mixes language ambiguously. Fee structure described in conversation but not in writing. Allowances exist without defined budgets.
Escalate: If the contract was signed without these clarifications, request an amendment before the next draw.
02. Three-Tab Financial Architecture Exists
Verify: The contractor maintains separate ledgers for obligations, payments, and owner billings. They can produce all three on request within one business day.
Good: Three distinct documents arrive. Each answers a different question. Each reconciles internally and against the others.
Failure: The contractor produces a single combined spreadsheet. Or three documents that share data without clear reconciliation logic.
Escalate: If the architecture is absent, the project is at structural risk. Engage independent review.
03. Draw Requests Reference Source Invoices and Prior Draws
Verify: Each draw includes an invoice register tying line items to source documents. Cumulative totals reconcile against prior draws. Prior payments are deducted explicitly.
Good: Source invoices are accessible. The register matches the invoices. Prior payments appear as line items, not absorbed silently.
Failure: Source invoices not provided, or do not match the register. Cumulative totals do not reconcile period-over-period.
Escalate: Pause the draw. Request the corrected version with full source documentation. Do not sign until the package is complete.
04. Holdback Is Tracked Per Vendor
Verify: The obligations register includes a holdback column showing amounts retained per vendor. The total holdback held reconciles to 10% of contracted spend less any properly released amounts.
Good: Per-vendor holdback visible. Running total reconciles. Release dates calculated against jurisdictional rules.
Failure: Holdback tracked as a single project-wide number. Or applied inconsistently across vendors. Or released without reference to statutory rules.
Escalate: If holdback architecture is absent, request that it be reconstructed before the next major payment cycle.
05. Tax Jurisdiction Is Correctly Applied
Verify: Vendors invoice at the correct jurisdictional rate. Cross-provincial trades are handled correctly with regard to GST/HST/QST.
Good: Quebec vendors with TQ0001 number: 14.975%. Ontario vendors without Quebec registration on Quebec projects: 5% GST only. Ontario projects: 13% HST.
Failure: Ontario trades collecting QST without authorization. Or full rate billed when reduced rate applies. Tax errors are quiet but cumulative.
Escalate: Cross-provincial errors should be flagged immediately. The owner cannot recover improperly collected tax.
06. Change Orders Are Signed Before Work Proceeds
Verify: No change order work begins until the change order document is priced, signed by the owner, and logged in the obligations register.
Good: Change orders arrive in writing, with pricing and rationale, before the work happens. The owner's signature precedes execution.
Failure: Verbal directives that get priced retroactively. Change orders that appear in draws before they have been signed.
Escalate: Reject any change order presented after the work has been done. Insist on prospective documentation going forward.
07. EAC Reporting Is Milestone-Based for Fixed-Price Scopes
Verify: The monthly forecast uses milestone-binary triggers for fixed-price scopes, not percent-complete estimates. Allowances are tracked separately in committed dollars.
Good: Forecast methodology documented. Milestones defined per trade at contract execution. Variance attribution provided when EAC moves.
Failure: Percent-complete reporting on fixed-price scopes. Smooth EAC through the middle phases of the project. No methodology documentation.
Escalate: If the methodology is percent-complete, expect an 80% surprise. Consider engaging independent forecast review now, not later.
08. Statutory Declarations Accompany Material Payments
Verify: Payments above material thresholds (typically $5,000-$25,000 depending on contract) are accompanied by sworn statutory declarations confirming downstream payment.
Good: Declarations arrive with draws. They are properly sworn. They list downstream parties paid during the period.
Failure: Verbal assurance in place of declaration. Declaration arrives unsworn. Declaration omits parties known to be on the project.
Escalate: Withhold the relevant payment until the declaration is provided. Do not waive this requirement.
09. Subcontractor Agreements Are Documented
Verify: Every subcontractor and supplier with a contracted obligation has a written agreement on file. Verbal arrangements are flagged and converted to writing within a defined window.
Good: The contractor can produce written agreements for all parties listed in the obligations register. New parties are added with documentation, not after the fact.
Failure: "We have a long relationship with them." Or "We're operating on a handshake while we finalize the paper." The undocumented arrangements are the ones that produce disputes.
Escalate: Request that all undocumented arrangements be papered within 30 days. Track the gap until closed.
10. Allowances Are Tracked Separately From Contracted Scopes
Verify: Open allowances appear in their own register, with budget, committed amounts, remaining capacity, and projected variance. Not mixed into the obligations ledger.
Good: Allowance register exists. Each allowance has a defined budget, current commitments, and a forecast against budget. Overruns are flagged for conversion to change orders.
Failure: Allowances absorbed into the general obligations ledger. Or quietly converted to actual costs without owner approval of the overrun.
Escalate: Allowance overruns should always be presented to the owner before they are billed. Insist on prospective notification.
11. Management Fee Structure Is Transparent and Traceable
Verify: The management fee is calculated against a defined base (typically pre-tax direct project costs), at the contract rate, with the calculation visible in each draw.
Good: Fee appears as a clear line item. The base it is calculated against is documented. The math reconciles draw to draw.
Failure: Fee structure ambiguous. Fee applied against costs that should be excluded (taxes, certain pass-through items). Fee calculation shifts between draws.
Escalate: If the fee math is unclear, reconcile with the contractor before the next draw. Document the resolution in writing.
12. The Contractor Can Produce a Project Audit Package on Demand
Verify: Within five business days of request, the contractor can produce: full obligations register, full payment ledger, billings record, holdback register, allowance register, change order log, and statutory declaration archive.
Good: The package arrives within the window. Documents are current. Internal reconciliations hold. The contractor expects to be asked.
Failure: The package takes weeks to assemble. Documents arrive in inconsistent formats. Reconciliations require explanation. The contractor treats the request as adversarial.
Escalate: This is the diagnostic of last resort. A contractor who cannot produce an audit package is a contractor whose books are not audit-ready. Engage independent review immediately.
How to Use This Checklist
On an active project, work through the twelve points once at the start, then revisit any flagged items at each monthly draw. On a project not yet started, use the checklist as a contractor selection diagnostic - score each candidate against the twelve points and weigh accordingly.
The checklist is intentionally non-exhaustive. There are areas of construction governance it does not cover (safety, quality assurance, schedule integrity, design coordination). It is focused on financial architecture because that is the area where owners are most consistently underprotected and where the most preventable losses occur.
"The architecture is the difference between a project that produces what was intended and a project that produces what was tolerated."
If you would like a printable PDF version of this checklist for use on an active project, contact LSPP Solutions and we will send it. The PDF version is formatted for use as a working document.
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