Civil Engineering Reference
In-Depth Information
has started issuing certificates every two
weeks. Is there anything wrong with that?
All the standard contracts state the frequency of interim certificates. For example SBC and
IC specify interim certificates every month until practical completion, and MW, every four
weeks. These periods are terms of the contract. They can only be varied by agreement
between the employer and the contractor. Ideally, such an agreement should be in writing
andsignedbybothparties.Attheveryleast,theremustbesomerecordoftheagreement.An
architect'sinstructionisnotanappropriatemethodofrecording.Manyarchitectsmistakenly
believe that they can issue interim certificates when it seems to them to be appropriate to do
so. Such architects have obviously neglected to read the contract for many years. The archi-
tect has no power to issue interim certificates more frequently than stated in the contract or
to enter into any agreement to amend the contract on behalf of the employer.
Quite apart from the unlawful nature of the architect's actions, there is a real danger that
issuing interim certificates more frequently will lead to over-certification. A contractor that
requests interim certificates at more frequent intervals than set out in the contract is prob-
ablystrugglingtostaysolvent.Over-certificationinthosecircumstancescanbecatastrophic
for the employer if the contractor actually becomes insolvent. Irrespective of whether the
employer agrees to certification every two weeks, changing the period may have effects on
other parts of the contract, and these effects need to be carefully considered.
