Construction Law/IPC before FC but after SAC
We are Main Contractor for a Road Project which refers FIDIC 2005 Harmonized Version.
We have submitted Statement at Completion (SAC),at the final phase of the site Works but not fully completed (even TOC has not yet issued) as per Employers requirement to address timing of funding restriction given by funding agencies. Even we have not agreed to provide but Engineer expected us to proceed with estimates (b) and (c) as per sub Clause 14.10.
Now this SAC has been certified and paid leaving these estimates figure until fully detail backups are provided. Amount left is high and now we are ready with most of the backups but the engineer opinion them to be certified through Final certificate (FC).
Can we request another Interim certificate for these amounts before FC. What are the provisions in the Contract to prevent engineer certification of our request or Employer has not to pay this? Please kindly explain.
Sorry for late reply.
The defects notification period is an additional period of time during which the conditions of Contract continues to exist, therefore if you agree with the Engineer/Employer, you can provide an Interim Payment Certificate.
Clause 14.10 Statement at Completion, states that the Contractor shall submit to the Engineer b) any further sums which the Contractor considers to be due, and c) an estimate of any other amounts which the Contractor considers will become due. Above items, mostly covers the claims of the Contractor and practically you can always expect a disputed amount between the Engineer and the Contractor. Engineer’s try to settle such issues at the end of the Contract with the Final Bill after issuance of Performance Certificate.
Clause 14.11 refers to Application for Final Payment Certificate with in 56 days after receiving the Performance Certificate. If there is a disagreement on draft final statement and if the Engineer and the Contractor are agreed, then the Engineer shall deliver to the Employer an Interim Payment Certificate for the agreed parts of the draft final statement.
Therefore, as an answer, yes you can request another Interim Payment Certificate till Final Certificate and the Contract allows you to do so.