Common use of Final Certificate Clause in Contracts

Final Certificate. After the expiration of the Defects Liability Period for the Works or, if item 11 of Appendix A permits the Works to be completed in Stages, of the last Stage, the Superintendent may direct the Contractor to furnish to the Superintendent, within twenty eight (28) days or such additional period as the Superintendent may agree, a final statement of all the Contractor’s Claims against the Principal whether under the Contract or otherwise (“Final Statement”) and no claim which is not included in that Final Statement shall thereafter be made by the Contractor against the Principal on any account whatsoever in relation to the performance and execution of the WUC other than by reason of fraud, dishonesty or wilful concealment on the part of the Principal or Superintendent or any cause of action which could not reasonably have been discovered by the Contractor prior to the issue of the Final Statement. The Final Statement shall be endorsed “Final Statement” by the Contractor. When the Superintendent is satisfied that all WUC have been finally and satisfactorily executed and the Contractor has fulfilled all its obligations under the Contract (including the rectification of all defects notified to the Contractor under clause 32.2 or during the Defects Liability Period for the Works or all Stages (as the case may be) or within fourteen (14) days after its expiration as a result of an inspection made prior to its expiration), the Superintendent shall issue a Final Certificate and, within twenty-eight (28) days of the date of the Final Certificate, the Principal shall pay to the Contractor all amounts (if any) remaining payable under the Contract. If the Contractor fails to furnish a Final Statement within the time allowed, the Superintendent shall issue the Final Certificate and no Claim shall thereafter be made by the Contractor against the Principal on any account whatsoever in relation to the performance and execution of the WUC.

Final Certificate. After the expiration of the Defects Liability Period for the Works or, if item 11 of Appendix A permits the Works to be completed in Stages, of the last Stage, the Superintendent may direct the Contractor to furnish to the Superintendent, within twenty eight (28) days or such additional period as the Superintendent may agree, a final statement of all the Contractor’s Claims against the Principal whether under the Contract or otherwise (“Final Statement”) and no claim which is not included in that Final Statement shall thereafter be made by the Contractor against the Principal on any account whatsoever in relation to the performance and execution of the WUC other than by reason of fraud, dishonesty or wilful concealment on the part of the Principal or Superintendent or any cause of action which could not reasonably have been discovered by the Contractor prior to the issue of the Final Statement. The Final Statement shall be endorsed “Final Statement” by the Contractor. When the Superintendent is satisfied that all WUC have been finally and satisfactorily executed and the Contractor has fulfilled all its obligations under the Contract (including the rectification of all defects notified to the Contractor under clause 32.2 32.2. or during the Defects Liability Period for the Works or all Stages (as the case may be) or within fourteen (14) days after its expiration as a result of an inspection made prior to its expiration), the Superintendent shall issue a Final Certificate and, within twenty-eight (28) days of the date of the Final Certificate, the Principal shall pay to the Contractor all amounts (if any) remaining payable under the Contract. If the Contractor fails to furnish a Final Statement within the time allowed, the Superintendent shall issue the Final Certificate and no Claim shall thereafter be made by the Contractor against the Principal on any account whatsoever in relation to the performance and execution of the WUC.