Civil Engineering Reference
In-Depth Information
Letter 171
To architect, if non-completion certificate or notice wrongly issued
This letter is not suitable for use with MW, MWD or GC/Works/1 (1998)
Dear
We are in receipt of what purports to be a non-completion certificate [
substitute
'notice' when using DB
] issued under clause 2.31 [
substitute '2.22' when using IC
or ICD or '2.28' when using DB
]. The issue of a valid certificate [
substitute 'notice'
when using DB
] is a pre-condition to the deduction of liquidated damages. In
this instance, it is not valid because
[
Either:
]
you have not yet given the correct extension of time.
[
Or:
]
it was issued prior to the completion date.
[
Or:
]
it does not comply with the terms of the contract.
[
Then add:
]
If the employer attempts to withhold liquidated damages, a dispute will then
arise which we will refer to adjudication. In order to avoid the resultant
expense to both parties, we suggest that you withdraw your certificate
[
substitute 'notice' when using DB
] immediately.
Yours faithfully
