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Most building contracts say that the architect must issue a final certificate. The basic purpose of the final certificate is to mark the end of the contract and to state how much one of the parties owes the other. The final certificate is only conclusive about anything, even the amount, if the contract says that it is. If the contract says nothing about the final certificate except that it must be issued, it is not conclusive about anything at all. If the contract says that the final certificate is conclusive about something, it is important to carefully read and understand exactly what the contract is saying. The employer successfully argued that the architect had not followed the correct administration procedures under the contract prior to the issue of the final certificate and therefore, as the final certificate had not been correctly issued, the certificate itself was not valid.
Most building contracts say that the architect must issue a final certificate. The basic purpose of the final certificate is to mark the end of the contract and to state how much one of the parties owes the other. The final certificate is only conclusive about anything, even the amount, if the contract says that it is. If the contract says nothing about the final certificate except that it must be issued, it is not conclusive about anything at all. If the contract says that the final certificate is conclusive about something, it is important to carefully read and understand exactly what the contract is saying. The employer successfully argued that the architect had not followed the correct administration procedures under the contract prior to the issue of the final certificate and therefore, as the final certificate had not been correctly issued, the certificate itself was not valid.
Final Certificate
Chappell, David (author)
2020-01-07
3 pages
Article/Chapter (Book)
Electronic Resource
English
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