Certification under JCT 98

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[edit] Introduction

The duties, roles and contractual responsibilities during construction of:

• The Quantity Surveyor
• The Clerk of Works
• The Person-in-Charge

[edit] Quantity Surveyor

Role

• To ensure that the correct amount is paid to the contractor at the correct time

Duties

• Valuations of Variations, Interim Valuations, final adjustment of Contract Sum

Contractual responsibilities:

• Valuation of Variations

Either:

1. Clause 13.4.1.2A2: within 21 days of receipt of a Price Statement the Quantity Surveyor, after consultation with the Architect, shall notify the Contractor in writing either the Price Statement is accepted or not
2. Clause 13.4.2.1A4: where the Price Statement has not been accepted the Quantity Surveyor shall include in his notification to the Contractor the reasons for not having accepted the Price Statement and supply an amended Price Statement which is acceptable to the Quantity Surveyor after consultation with the architect

Or

1. Clause 13.4.1.2B: the Valuation shall be made by the Quantity Surveyor

• Interim Certificate

1. Clause [IP address hidden]: interim valuation shall be made by the Quantity Surveyor whenever the Architect considers them to be necessary for the purpose of ascertaining the amount to be stated as due in an interim certificate
2. Clause 30.4A.1: the Architect shall at the date of each interim certificate prepare, or instruct the Quantity Surveyor to prepare, a statement specifying what deduction in respect of the Contractor's Retention and of the Nominated Sub-Contract retention for each Nominated Sub-contractor would have been made in arriving at the amount stated as due in such Interim Certificate

• Final Adjustment of Contract sum

1. Clause [IP address hidden]: Not later than 3 months after receipt by the Architect or by the Quantity Surveyor of the documents necessary for the purposes of the adjustment of the Contract Sum, the Quantity Surveyor shall prepare a statement of all adjustments to be made to the Contract Sum

[edit] Clerk of Works

Duty

• To act solely as inspector on behalf of the Employer under the directions of the Architect

Responsibilities

• Instructions given to the Contractor by the Clerk of Works are only empowered if confirmed by the Architect within 2 days - Clause 12

[edit] Person in charge

Role

• Site foreman

Duties

• Ensuring that Health and Safety procedures are adhered to
• Security on site
• Keeping record of adverse weather
• Keeping day working sheets

Contractual responsibility

• Clause 10: The contractor shall constantly keep on site a competent person-in-charge and any instruction given to him by the Architect shall be deemed to have been issued to the contractor

Describe the architect’s duties and responsibilities to inspect and certify works during the contract, up to and including the issue of the Final Certificate. Describe the procedures you would follow in discharging these duties. (8)

Inspection

• Duty to inspect but not supervise
• Inspections should take place at critical points during construction:

1. before the work is covered up
2. before issuing any certificate to ensure that the work has been properly executed

Interim Certificates

• Clause [IP address hidden]: issue interim certificates stating the amount due to the contractor from the employer specifying to what the amount relates and the basis on which the payment was calculated
• Clause [IP address hidden]: included within the interim certificate should be the total value of the work properly executed by the contractor

Certificate of Practical Completion

• Clause 17.1 when in the opinion of the Architect practical completion of the works is achieved, the contractor has sufficiently complied with H&S requirements, and the Contractor has supplied as-built drawings for performance specified works, he shall issue a certificate to that effect
• The Defects Liability Period then begins
• The Architect prepares a schedule of defects (any defects, shrinkages, or other faults due to materials or workmanship not in accordance with the contract) which appear within this period, which he delivers to the contractor not later than 14 days after the expiration of the Defects Liability Period

Failure to Complete

• Clause 24.1 if the Contractor fails to complete the works by the Completion Date, then the Architect shall issue a certificate to that effect

Certificate of Making Good Defects

• Clause 17.4 when in the opinion of the architect any defects, shrinkages or other faults which he may have required to be made good shall have been made good, he shall issue a certificate to that effect

Final Certificate

• Clause30.8.1 the Architect shall issue the Final Certificate not later than 2 months after whichever of the following occurs last:

1. The end of the Defects Liability Period
2. The date of issue of the Certificate of Making Good Defects
3. The date on which the Architect sent the Contractor a statement of all adjustments made to the Contract Sum

• The Final Certificate shall state the sum of the amounts already stated as due in the interim certificates, the adjusted Contract Sum, and to what the amount relates
• The difference, if any, shall be expressed as a balance due to the Contractor from the Employer or vice versa