A platform for research: civil engineering, architecture and urbanism
A platform for research: civil engineering, architecture and urbanism
Most building contracts make provision for the architect or other contract administrator to issue various certificates. The first thing is to decide what is meant by a certificate. This chapter presents the kinds of certificates which most building contracts include (although they may have slightly different names): payment certificate; practical completion certificate; certificate of failure to complete on time; certificate of rectification of defects; final certificate; and certifying a final account after termination has taken place. To complicate matters, courts sometimes refer to the architect ‘certifying’ an extension of time. If the architect fails to issue a certificate, the contractor may have a claim against the employer if the contractor can show that the employer was aware of the architect's failure and failed to remedy the situation. If the employer attempts to influence the architect in issuing a certificate, it will usually be a breach of contract on the part of the employer.
Most building contracts make provision for the architect or other contract administrator to issue various certificates. The first thing is to decide what is meant by a certificate. This chapter presents the kinds of certificates which most building contracts include (although they may have slightly different names): payment certificate; practical completion certificate; certificate of failure to complete on time; certificate of rectification of defects; final certificate; and certifying a final account after termination has taken place. To complicate matters, courts sometimes refer to the architect ‘certifying’ an extension of time. If the architect fails to issue a certificate, the contractor may have a claim against the employer if the contractor can show that the employer was aware of the architect's failure and failed to remedy the situation. If the employer attempts to influence the architect in issuing a certificate, it will usually be a breach of contract on the part of the employer.
Certificates
Chappell, David (author)
2020-01-07
3 pages
Article/Chapter (Book)
Electronic Resource
English
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