Common use of Effect of Certificates Clause in Contracts

Effect of Certificates. The payment of a Progress Payment or the issue of a Certificate of Practical Completion shall not constitute approval of any work or workmanship under the Contract nor does it negate the Contractor’s obligations to complete the Works in accordance with the Contract and Contract Documents (and the payment of a Progress Payment shall be taken to be a payment on account only). Subject to clause 36.3, the issue of the Final Certificate shall indicate that the Contractor has successfully completed the Contract save where the Final Certificate is erroneous by reason of: fraud, dishonesty or deliberate concealment on the part of the Contractor or any of his sub-contractors or any of the employees or agents of the Contractor relating to the Works or part thereof or to any matter dealt with in the Final Certificate; or any defect, including any omission, in the Works or any part thereof which reasonable inspection at the time of issue of the Final Certificate would not have disclosed; or any accidental or erroneous inclusion or exclusion of any work, materials, goods or figures in any computation, or any arithmetical error in any computation. The issue of the Final Certificate does not limit any of the Contractor’s obligations under the warranty in clause 34.

Effect of Certificates. The payment of a Progress Payment or the issue of a Certificate of Practical Completion shall not constitute approval of any work or workmanship under the Contract nor does it negate the Contractor’s obligations to complete the Works in accordance with the Contract and Contract Documents (and the payment of a Progress Payment shall be taken to be a payment on account only). Subject to clause 36.3., the issue of the Final Certificate shall indicate that the Contractor has successfully completed the Contract save where the Final Certificate is erroneous by reason of: fraud, dishonesty or deliberate concealment on the part of the Contractor or any of his sub-contractors or any of the employees or agents of the Contractor relating to the Works or part thereof or to any matter dealt with in the Final Certificate; or any defect, including any omission, in the Works or any part thereof which reasonable inspection at the time of issue of the Final Certificate would not have disclosed; or any accidental or erroneous inclusion or exclusion of any work, materials, goods or figures in any computation, or any arithmetical error in any computation. The issue of the Final Certificate does not limit any of the Contractor’s obligations under the warranty in clause 34...