Civil Engineering Reference
In-Depth Information
certificate of non-completion under SBC and
IC?
The certificate of non-completion is governed by clauses 2.31 and 2.22 in SBC and IC, re-
spectively. These clauses provide that the certificate must be issued by the architect if the
contractor fails to complete the Works by the contract date for completion or any extension
of that date. There is no express stipulation that the certificate must be issued by any par-
ticular date, although it is surprising how many people believe that it must be issued within
seven days of the contractor's failure to complete. This is incorrect. The only time limit is
that imposed by the issue of the final certificate. The final certificate is the architect's fi-
nal action under the contract. After issuing it, the architect is
functus officio
- that is to say
the architect has nofurther powers orduties and, therefore, cannot issue the non-completion
certificate.
It may be argued, with some merit, that the contract clearly envisages that the certificate
will be issued promptly because, on a practical level, the later the certificate is issued the
less money will be available from which the employer can deduct liquidated damages.
