Construction Law/Maintenance certificate
We are the consultant of Road project in Oman.The contractor has completed two section of work and was given substantial completion certificate. However the final section is not yet completed.Now for the first two section 365 days defect liability period has been completed. now the contractor is asking for maintenance certificate, since the defects liability period is over for the first two sections.
My question is as per clause 62: Can we issue maintenance certificate for the first 2 sections or we should issue one maintenance certificate including all 3 stages after defect liability period for the 3rd stage is also completed?
Hope my question is clear.
ANSWER: Dear Rajesh
Yes, you can issue the maintenance certificate of the sections completed that period of Defect Liability Period of 365 days successfully as per the conditions of contract.When the third section will complete the stated period of DLP then the maintenance certificate can be issue accordingly. Maintenance certificate shall be issue by the Engineer within 28 days after the date of expiration of DLP of subjected section of work as per clause 62 of the contract agreement.
The performance certificate of the work shall be given for whole work after discharge of the contractor from the work as per provisions of contract conditions.
With due regards
---------- FOLLOW-UP ----------
Thank you for your reply, i appreciate your effort and sorry for my delayed follow up.
In clause 62 they have mentioned if different periods of maintenance shall become applicable to different sections or parts of the works, the expiration of the LATEST such period....
what does this latest imply? what i interpreted is that latest means the last
completion date, in my case which is not issued so far since the contractor has not completed the last part yet.
Hope you understand my question.
Welcome for follow up; "The expiration of the latest such period for latest date of expiration for each section or part of the work for which the taking over certificate was issued after substantial completion of work of such section or part of the work.
Kindly note that maintenance certificates shall be issued after expiration of the latest such period for every section or part of the work was considered and taking over certificate was issued for such period of maintenance as per provisions of contract agreement.
I hope you will get it.
with best regards