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.

Final Certificate. After 6.18.1 The Client-Contractor shall issue the expiration of Final Certificate certifying 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 Stagefinal Sub-Contract Price, the Superintendent may direct the Contractor to furnish amount previously paid to the Superintendent, within twenty eight (28) days or such additional period Sub-Contractor and the difference between the two 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 amount due to the performance and execution of Sub-Contractor or due to the WUC other than by reason of fraud, dishonesty or wilful concealment on Client-Contractor as the part of the Principal or Superintendent or any cause of action which could not reasonably have been discovered by the Contractor prior to case may be within 14 days after the issue of the Defects Rectification Certificate of the last Sub-Contract Works Section or within 14 days after the agreement of the Final StatementAccount or after 1 month has lapsed after the issue of the unilateral Final Account, whichever is the later. The Final Statement final Sub-Contract Price shall be endorsed “that stated in the agreed Final Statement” by Account or the Contractorunilateral Final Account subject only to appropriate adjustments for all further factors affecting the computation of the Final Account and arising or known after the time of the Final Account. When The Client- Contractor may also take into final consideration any further representation of the Superintendent is satisfied that all WUC have been finally and satisfactorily executed and Sub-Contractor in respect of the Contractor has fulfilled all its obligations under unilateral Final Account within the Contract (including aforesaid 1 month period. The amount stated as due in 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 (Final Certificate shall be a debt payable as the case may be) be by the Client-Contractor to the Sub- Contractor or by the Sub-Contractor to the Client-Contractor 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 twentyPeriod for Honouring Payment stated in the Sub-eight (28) days of Contract Agreement calculated from the date of the Final Certificate, unless either of the Principal shall pay Contract Parties has expressed his disagreement 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 notified the other party not later than the due date for payment to resolve the dispute in accordance with Clause 12. 6.18.2 Unless notice to resolve the dispute has been issued as stated in Clause 6.18.1, the issue of the Final Certificate shall thereafter be made mean that the Client-Contractor has accepted the Sub-Contract Works carried out by the Sub-Contractor against as being to his satisfaction and the Principal on any account whatsoever in relation to contractual liabilities of both Contract Parties shall cease upon such Final Certificate except for the performance and execution payment of the WUC.amount certified as finally due, liabilities for any latent defects not discovered at the time of the Final Account, or matters affected by any bribery offence, fraud, dishonesty or fraudulent concealment. DSCWiki: 價 款 (last edited 2010-12-05 11:07:44 by KCTang) Immutable Page Info Attachments MMoorereAActciotniosn: s: MoinMoin Powered Python Powered GPL licensed Valid HTML 4.01 RecentChanges‌‌ FindPage HelpContents 質量 合同協議 協議特定事項 1.釋義 2.工地 3.工程 4.工期 5.合同基礎 6.價款 7.質量 8.分包商的文件 9.一般責任 10.保 險及履約保證 11.終 止 12.爭 議解決 附件 Login DSCWiki: 質 量 / Immutable Page Info Attachments MMoorereAActciotinosn:s: Titles Search

Final Certificate. ‌ 35.1. 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. 35.2. 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. 35.3. 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 (a) Within ten Business Days after the expiration of date on which the Defects Liability Period Project Manager forms the opinion, acting reasonably, that: (i) no further Project Costs will be Incurred or recovered by the Trustee, other than Reimbursable Expenses; (ii) all Works for the Works or, if item 11 of Appendix A permits the Works to be Extension have been completed in Stages, accordance with the Scope of Works for the last Stage, Extension; and (iii) 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 Project Manager has fulfilled all fully discharged its obligations under the Contract Project Manager must give the Trustee a notice (including Final Certificate) which states that it is the rectification of all defects notified to Final Certificate given under this clause 4.7(a). (b) If the Contractor under clause 32.2. or during Project Manager gives 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 Trustee a Final Certificate andunder clause 4.7(a): (i) the Trustee may, within twenty-eight ten Business Days after the Project Manager gives the Final Certificate to the Trustee, give the Project Manager a Dispute Notice under clause 21.1 (28a) days which Disputes that the Project Manager was entitled to give the Final Certificate under clause 4.7(a); (ii) if the Dispute referred to in clause 4.7(b)(i) is not resolved in accordance with clause 21.2, the Trustee may refer the Dispute to an Expert to determine whether or not: (A) any further Project Costs will be Incurred or recovered by the Trustee, other than the Reimbursable Expenses required to implement the winding up of this Agreement; (B) all Works for the Extension have been completed in accordance with the Scope of Works for the Extension; and/ or (C) the Project Manager has fully discharged its obligations under clause 4.6(c); and (iii) if the Dispute is referred to an Expert and the Expert determines that: (A) some further Project Costs will be Incurred or recovered by the Trustee, other than the Reimbursable Expenses required to implement the winding up of this Agreement; (B) some of the date Works for the Extension have not been completed in accordance with the Scope of Works for the Extension; and/or (C) the Project Manager has not fully discharged its obligations under clause 4.6(c), then the Final Certificate, the Principal shall pay Certificate given under clause 4.7(a) will be taken to the Contractor all amounts have not been given under clause 4.7(a) and will be of no effect. (if anyc) remaining payable under the Contract. If the Contractor fails to furnish Project Manager gives the Trustee a Final Statement Certificate under clause 4.7(a) and the Trustee does not give the Project Manager a Dispute Notice referred to in clause 4.7(b)(i) within the time allowedreferred to in clause 4.7(b)(i), then: (i) the Superintendent shall issue Trustee must not give the Project Manager a Dispute Notice under clause 21.1 (a) which Disputes that the Project Manager was entitled to give the Final Certificate and no Claim shall thereafter be made under clause 4.7(a); and (ii) any such Dispute Notice which is given by the Contractor against the Principal on any account whatsoever in relation Trustee will be taken to the performance and execution be of the WUCno effect.

Final Certificate. After the expiration 32.2.1 Within three (3) months after receipt of the Defects Liability Period Contractor's application for the Works orfinal account pursuant to Clause 32.1, if item 11 the FSO shall issue a final certificate based on his determination of Appendix A permits the Works final account. The FSO's determination of the final account and final certificate will be based on the Contractor's application for the final account made pursuant to Clause 32.1 (in so far as the FSO deems it relevant to his determination) and/or such other information and documentation that the FSO deems fit. The final certificate shall state the amount 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 paid under the this 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 Government to the Contractor under clause 32.2. or during the Defects Liability Period for the Works or all Stages (otherwise, as the case may be, after deducting all amounts previously paid to the Contractor by the Government and all sums to which the Government is entitled under this Contract and/or in law. 32.2.2 If the Contractor does not submit an application for the final account in accordance with Clause 32.1 within three (3) or within fourteen (14) days after its expiration as a result months from the expiry of an inspection made prior to its expiration)the Contract Period, the Superintendent shall issue a Final Certificate and, FSO may give instruction in writing to the Contractor stating that if the application for the final account is not submitted by the Contractor within twenty-eight two (282) days of months from the date of the Final Certificatewritten instruction, the Principal FSO may himself prepare the final account and final certificate without reference to the Contractor. 32.2.3 No certificate of the FSO or any approval, written or otherwise, by the FSO or the Government or payment by the Government under any provision of this Contract shall pay be considered as conclusive evidence as to the sufficiency of the FMM Services nor shall it relieve the Contractor from any or all of its obligations under this Contract and/or its liability to amend and make good all defects, imperfections, shrinkages, or any other faults whatsoever as provided by this Contract. No certificate issued by the FSO shall be final and binding in any dispute between the Parties if the dispute is brought before an arbitrator. 32.2.4 No final payment due to the Contractor all amounts (if any) remaining payable under the Contract. If shall be made unless and until the Contractor fails to furnish shall have satisfied the FSO by means of a Final Statement within statutory declaration made by or on behalf of the time allowed, Contractor that the Superintendent shall issue the Final Certificate and no Claim shall thereafter be made workmen who have been employed by the Contractor against on the Principal on FMM Services, including workmen employed by sub-contractor have received all wages due to them in connection with such employment, and that all dues or contributions under the Employment Act 1955 [Act 265], the Employee’s Social Security Act 1969 [Act 4], the Employee’s Provident Fund Act 1991 [Act 452] and any account whatsoever in relation other laws relevant to the performance and execution employment of workmen, have been paid. 32.2.5 For the purpose of the WUCfinal account of the Contract, unless the Contractor disputes the final certificate within thirty (30) days of receiving it from the FSO, it shall be deemed to accept the accuracy of the said certificate.

Final Certificate. After Within 14 days after receipt of the Contractor’s Final Payment Claim or, where the Contractor fails to lodge such claim, the expiration of the Defects Liability Period period specified in Clause 42.7 for the Works or, if item 11 of Appendix A permits the Works to be completed in Stages, lodgement of the last StageFinal Payment Claim by the Contractor, the Superintendent may direct shall issue to the Contractor and to the Principal a final payment certificate endorsed ‘Final Certificate’. In the certificate the Superintendent shall certify the amount which in the Superintendent’s opinion is finally due from the Principal to the Contractor or from 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 under or arising out of the Contract or any alleged breach thereof. Lihir Gold Limited Contract No LGL-MO-0107 Provision of Geothermal Coring Services Part III: General Conditions of Contract Unless either party, either before the Final Certificate has been issued or not later than 15 days after the issue thereof, serves a notice of dispute under Clause 47, the Final Certificate shall be evidence in any proceedings of whatsoever nature and whether under the Contract or otherwise (“Final Statement”) between the parties arising out of the Contract, that the Works have been completed in accordance with the terms of the Contract and no claim that any necessary effect has been given to all the terms of the Contract which is not included in that Final Statement shall thereafter require additions or deductions to be made by the Contractor against the Principal on any account whatsoever in relation to the performance and execution of Contract Sum, except in the WUC other than by reason of case of— (a) fraud, dishonesty or wilful fraudulent concealment on relating to the Works or any part thereof or to any matter dealt with in the said Certificate; (b) any defect (including omission) in the Works or any part thereof which was not apparent at the end of the Principal Defects Liability Period, or Superintendent or any cause of action which could would not reasonably have been discovered by disclosed upon reasonable inspection at the Contractor prior to time of the issue of the Final StatementCertificate; or (c) any accidental or erroneous inclusion or exclusion of any work, plant, materials or figures in any computation or any arithmetical error in any computation. 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) Within 14 days after its expiration as a result the issue of an inspection made prior to its expiration), the Superintendent shall issue a Final Certificate and, within twenty-eight (28) days of which certifies a balance owing by the date of Principal to the Final CertificateContractor, the Principal shall pay release 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 any retention moneys or security then held by the Contractor against the Principal on any account whatsoever in relation to the performance and execution of the WUCPrincipal.

Final Certificate. After (a) Within ten Business Days after the expiration of date on which the Defects Liability Period Project Manager forms the opinion, acting reasonably, that: (i) no further Project Costs will be Incurred or recovered by the Trustee, other than Reimbursable Expenses; (ii) all Works for the Works or, if item 11 of Appendix A permits the Works to be Extension have been completed in Stages, accordance with the Scope of Works for the last Stage, Extension; and (iii) 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 Project Manager has fulfilled all fully discharged its obligations under the Contract Project Manager must give the Trustee a notice (including Final Certificate) which states that it is the rectification of all defects notified to Final Certificate given under this clause 4.7(a). (b) If the Contractor under clause 32.2. or during Project Manager gives 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 Trustee a Final Certificate andunder clause 4.7(a): (i) the Trustee may, within twenty-eight ten Business Days after the Project Manager gives the Final Certificate to the Trustee, give the Project Manager a Dispute Notice under clause 25.1 (28a) days which Disputes that the Project Manager was entitled to give the Final Certificate under clause 4.7(a); (ii) if the Dispute referred to in clause 4.7(b)(i) is not resolved in accordance with clause 25.2, the Trustee may refer the Dispute to an Expert to determine whether or not: (A) any further Project Costs will be Incurred or recovered by the Trustee, other than the Reimbursable Expenses required to implement the winding up of this Agreement; (B) all Works for the Extension have been completed in accordance with the Scope of Works for the Extension; and/ or (C) the Project Manager has fully discharged its obligations under clause 4.6(c); and (iii) if the Dispute is referred to an Expert and the Expert determines that: (A) some further Project Costs will be Incurred or recovered by the Trustee, other than the Reimbursable Expenses required to implement the winding up of this Agreement; (B) some of the date Works for the Extension have not been completed in accordance with the Scope of Works for the Extension; and/or (C) the Project Manager has not fully discharged its obligations under clause 4.6(c), then the Final Certificate, the Principal shall pay Certificate given under clause 4.7(a) will be taken to the Contractor all amounts have not been given under clause 4.7(a) and will be of no effect. (if anyc) remaining payable under the Contract. If the Contractor fails to furnish Project Manager gives the Trustee a Final Statement Certificate under clause 4.7(a) and the Trustee does not give the Project Manager a Dispute Notice referred to in clause 4.7(b)(i) within the time allowedreferred to in clause 4.7(b)(i), then: (i) the Superintendent shall issue Trustee must not give the Project Manager a Dispute Notice under clause 25.1 (a) which Disputes that the Project Manager was entitled to give the Final Certificate and no Claim shall thereafter be made under clause 4.7(a); and (ii) any such Dispute Notice which is given by the Contractor against the Principal on any account whatsoever in relation Trustee will be taken to the performance and execution be of the WUCno effect.