Civil Engineering Reference
In-Depth Information
contractor to the employer. This is perfectly sensible and in line with the general intention
of the contract. Interim certification is not meant to provide the contractor with an exact
figure. Its purpose is to provide the contractor with cash flow; sometimes the certificate
will be slightly less and sometimes slightly more than the amount of work actually carried
out.
4
In the light of those conclusions, question 3 above does not require an answer. In fact,
the provisions regarding notices are not written so as to work in reverse. They expressly
refer to notices to be issued by the employer and to the contractor.
Therefore, the answer to questions 1, 2 and 3 appear to be 'Yes', 'No', and 'Not applic-
able, but No in any event'.
Sofarasthefinalcertificateisconcerned,clause4.15.2providesthatthefinalcertificate
muststateanamountduetotheemployerortothecontractor,asthecasemaybe.Provision
for a pay less notice in clause 4.15.4 refers either to the employer or to the contractor.
Therefore,ifinthefinalcertificate thecontractorwasfoundtoowemoneytotheemployer
and the contractor wished to withhold some or all of that money, it is clear that the con-
tractor must give a pay less notice.
