Construction Law/IPC 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.
Thank you.

ANSWER: Dear Rohana,

Yes you can issue a supplementary SAC or IPC for the outstanding amount before the FC.  I assume that the items mentioned under clause 14.10 b & c are connected with claims and underpayment.  The Engineer might not certify and the Employer might not pay this IPC if they are in disagreement with you over the amounts or if it is less than the minimum value stated in the Contract Data as stated in clause 14.6.

---------- FOLLOW-UP ----------

QUESTION: Dear Sir,thank you for the response.situation is, there were amounts for works executed(measured works) have not been included in SAC as Engineer did not get time they have finalized them.most of the amounts came under 14.10 (a) but not finalized at the time of certification of SAC due to time limitation.
amount balance is more than minimum amount of IPC.I need relevant contractual points to request them to issue IPC. Engineer opinion is to get them in FC which is far away.
please give your valuable advice
thank you.

Dear Rohana,

You just submit a new statement of account in accordance with clause 14.3, provided that there is sufficient time since the last one.  You could remind the Engineer that the Employer would be liable for interest due to late payment and that you could terminate the contract under clause 16, but I would speak these comments in a soft tone as you do not want to anger the Engineer.  

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
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.Romanian Proverb 2002
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I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
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Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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