Sub-Clause 10.1 - Taking-Over Certificate For The Works-Section

 

TAKING-OVER CERTIFICATE FOR THE *WORKS / SECTION Contractor

:

[State Name] 

Certificate No

:

Works

:

[State Project Title] 

Issue Date

:

Pursuant to Sub-Cla Pursuant Sub-Clause use 10.1 of the Conditi Conditions ons of Contrac Contract, t, and with ref referen erence ce to your Notice No:___dated [state date], I / we hereby certify that:

*1

the Works

*2

Section____of the Works

were / was completed in accordance with the Contract on [state date], except for the *minor  outstanding work and defects / minor outstanding work / defects listed in the attached Schedule to this Certificate, which should not substantially affect the use of * the Works for their intended purpose / Section ____of the Works for its intended purpose.

Signed:  _____________  ______ _____________ _____________ __________  ___  [Name of Engineer]

DISTRIBUTION

 

Employer Em

*Delete as may be appropriate

____________________  

 

Sub-Clause 10.1 Taking-Over Certificate for the Works / Section and Schedule to Taking-Over Taking-Over Certificate for the Works / Section When to use If the Contractor makes an application by way of a notice for a Taking-Over Certificate, the Engineer must, within 28 days from receipt of such application, either:  

Issue the Taking-Over Certificate; or  Reject the Contractor’s application giving the reasons and specifying the work required required to be completed first before such certificate can be issued.

The application by the Contractor for a Taking-Over Certificate can only be made at least 14 days before the Works will, in the Contractor’s opinion, be completed and ready to be taken over.. Note the matters (which include the passing of the specified tests to be carried out prior  over to taking over by the Employer) that the Contractor must complete before he makes his application to the Engineer. The issuance of the Taking-Over Certificate heralds the following matters;     

Commencement of the Defects Notification Period (Sub-Clause 1.1.3.7). Liability for payment of delay damages ceases (Sub-Clause 8.7). Certification and payment of the first half of the Retention Money (Sub-Clause 14.9). Responsibility for the care of the Works ends (Sub-Clause 17.2). Where the Contractor is the insuring party party,, obligation to insure the Works, plant, materials and Contractor’s documents ends (Sub-Clause 18.2).

Where the Works are divided into Sections, the above provisions similarly apply. Refer to Figure 2 (Sub-Clause 10.1 – Notice of Rejection of Application for Taking-Over Certificate of  the Works / Section) for an illustrated overview on the issuance of the Taking-Over Certificate.

How to Complete Insert the name of the Contractor and description of the Works which should match the entries in the Contract Agreement Agreement (and also the Appendix to T Tender ender,, in the case of the name of the Contractor), Certificate number and issue date. Delete the alternative in the Certificate title, depending on whether it relates to the Works or a Section of the Works. Make reference to the Contractor’s application and insert the date on which completion of the Works or a Section was achieved in accordance with the contract. Make the appropriate amendment, depending on whether there are minor outstanding work or defects or both to be completed and / or remedied. The contract conditions do not require the minor outstanding work and defects to be identified but it is suggested that a schedule be prepared and attached to and referred to on the certificate together with the dates or times for completion. The Contractor should also be requested to give a written undertaking to complete the minor  outstanding outstandin g work and/or remedy the defects with due expedition and without delay during the Defects Notification Period. The name of the Engineer should match the person named in the Appendix to Tender (or  such other person whom the Employer may appoint from time to time and has notified to the Contractor) and the signature should be that of, or on behalf of, such named Engineer.

 

Who to Issue Issue the original to the Contractor and copies to the Employer and any other relevant parties.