Certificate of substantial completion
| Certificate of substantial completion |
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A Certificate of Substantial completion is in accordance with the general conditions of AIA 201 and other terms of the contract, when the work on the project is essentially completed, the architect or the owner's representative passes the "certificate of significant implementation", which shows that the contractor "essentially" completed the work with minor exceptions. Often, such a document signals the end of exposure to contractual penalties and indicates the date of favorable seizure by the owner. When the document is handed over, the owner becomes responsible for maintenance and the warranty begins (Marilyn Klinger, Marianne Susong 2006, s.151).
What do you need to do to get Certificate of substantial completion ?
Steps of getting Certificate of substantial completion (members of the Institution of Civil Engineers (Great Britain) and Institution of Civil Engineers Staff 2002, s.28):
- When the contractor determines that all the work specified in the contract will be essentially completed and the positively passes the final tests (usually specified in the contract), he may notify the Engineers in writing. Upon written notification, there must be an obligation to liquidate the outstanding work in accordance with the provisions of clause 49 .
- Within 21 days from the date of receipt of such notification, the Engineer must: issue to the Contractor (together with a copy for the Employer) a Certificate of Significant Completion specifying the date on which the work specified in the contract was substantially completed in accordance with the Contract or provides the Contractor with written instructions specifying all work, which, according to the Engineer, still require execution by the Contractor before issuing the certificate. If the Engineer provides such instructions, the Contractor will be able to obtain Certificates of Substantial Completion within 21 days of its completion, in accordance with the Engineer's requirements for the work specified in those instructions.
- If any part of the project has been occupied / used by the contracting authority in a different way than planned in the Contract, the contractor may ask for it in writing, then the Engineer shall issue certificates of definitive completion. This certificate begins to begin when the contractor's application is served. After issuing such a certificate, it is considered that the Contractor undertook to perform all outstanding works in this part of the Works.
When the work is almost completed, this form is prepared by the contractor and owner. A list of items needed to be corrected is attached to the form (Dennis J. Hall, Nina M. Giglio 2013,s.129).
References
- Allen N.L. (2019), North Carolina Unfair Business Practice, LexisNexis,
- Hall D. J. Nina M. Giglio N. M. (2013), Standards of Practice in Construction Specifying, John Wiley & Sons,
- Huse J. A. (2002), Understanding and Negotiating Turnkey and EPC Contracts, Sweet & Maxwell,
- Institution of Civil Enigineers (Great Britain), Institution of Civil Engineers Staff, (2002), Ice Conditions of Contract Term Version, Thomas Telford,
- Klinger M. Susong M. (2006), The Construction Project: Phases, People, Terms, Paperwork, Processes, American Bar Association,
- O'Reilly M. (1999), Civil Engineering Construction Contracts, Thomas Telford.
Author: Dominika Duda
