Construction Law/Issuance of TOC for workdone items of terminated contractor
We are working under Fidic 99 Red Book for a residential development project.
The current contractor is working on this project and his workdone value achieved 60% of contract value. However, he is going to be terminated by the Employer due to slow progress on site. My question is does the Engineer need to issue Taking over certificate for items which the current contractor have done? I cannot find any clause mentioned about this in Fidic 99 Red Book.
Much appreciated for your prompt response.
Thanks for your question.
The contractor's employment can be terminated under clause 15 after required notice is served.This entitlement has limitations as described in clause 15.5 and issuance of a seperate taking over certificate is not an obligation mentioned therein but has to simply proceed as per provisions of clauses 15.4/16.3. Coming to your question,yes contractor is to be paid for items current contractor has done but not earlier than he has submitted his final statement