Interim certificates in construction contracts
Contents |
[edit] What are interim certificates?
Interim certificates provide a mechanism for the client to make payments to the contractor during the construction process, before the works are complete. The Housing Grants, Construction and Regeneration Act, states that a party to a construction contract in excess of 45 days is entitled to interim or stage payments.
[edit] How are interim payments made?
Interim payments can be agreed in advance and paid at particular milestones, but they are more commonly, regular payments, the value of which is based on the value of work that has been completed (this is the actual value of the work completed, taking into account variations, etc.).
The amount of these payments is entered onto an interim certificate (generally valued by the cost consultant, perhaps having taken advice from the lead designer) and the client must honour the certificate within the period stipulated by the contract.
If the client intends to pay a different amount from that shown on the interim certificate, then they must give notice to the contractor of the amount they intend to pay and the basis for its calculation (pay less notice)
For more information see: Housing Grants, Construction and Regeneration Act.
[edit] How are interim payments valued?
The value of interim certificates is the value of the work completed, less any amounts already paid, less retention. Half of this retention will be released on certification of practical completion and the other half upon issue of the certificate of making good defects.
Interim certificates should make clear the amount of retention and a statement should also be prepared showing retention for nominated sub-contractors if there are any. The contract may require that retention is kept in a separate bank account and that this is certified. In this case, the client will generally keep any interest paid on the account.
For more information see: Retention.
There may be provision to include the value of particularly costly materials that the contractor has not yet delivered to site. This allows the contractor to order items in good time, without incurring unnecessary long-term expense, but does put the client at some risk if the contractor becomes insolvent.
For more information see: Off-site goods and materials.
On design and build projects, the amounts certified as payable may be based on the contract sum analysis.
The contract conditions provide that the contract administrator must issue an interim certificate within five calendar days of the due date whether or not the contractor has issued an interim payment application. This five calendar day period is set by statute in the Housing Grants, Construction Regeneration Act 1996 as amended by the Local Democracy, Economic Development and Construction Act 2009.
For more information see: Payment notice.
[edit] Related articles on Designing Buildings
- Activity schedule.
- Certificate of making good defects.
- Certificates in the construction industry.
- Contract sum analysis.
- Cost value reconciliation.
- Drawdown.
- Due date.
- Final certificate.
- Housing Grants, Construction and Regeneration Act.
- Interim valuation.
- Off site materials.
- Milestone payment.
- Payment notice.
- Payments to nominated sub-contractors.
- Practical completion.
- Retention.
[edit] External references
- RICS Valuations for interim certificates.
- Allan K Construction contracts 2017 @qs 2 kings entertainment
Featured articles and news
Celebrating architecture's eloquent champions.
Unusual perspectives on 1960s’ thinking.
AI and the challenges to intellectual property
The legal landscape of adopting AI now and in the future.
Worrying landscape for Welsh construction SMEs revealed.
In recent risk factor analysis report completed by CIOB.
Construction Sport survey highlights risks of dehydration
Supporting construction workers to avoid dangers.
Can your business afford to ignore mental well-being?
£70 - 100 billion annually in UK construction sector.
Mental health in the construction industry
World Mental Health Day 10 October.
Construction awards provide relief in wake of ISG collapse
Spike in major infrastructure awards, housing up but short of targets, are ISG collapse impacts yet to come.
Biodiversity net gain with related updates and terms
Only 0.5% of applications subject to BNG in the context significant proposed changes to planning.
As political power has shifted from blue to red
Has planning now moved from brown to green?
The role of construction in tackling the biodiversity crisis
New CIOB Nature of Building digital series available now.
The Nature Towns and Cities initiative
Grants of up to 1 million for local councils and partners.
The continued ISG fall out October updates
Where to look for answers to frequently asked questions.
Building safety remediation programme for Wales
With 2024 October progress updates.
In major support package for small businesses.
Conservation and transformation
Reading Ruskin’s cultural heritage. Book review.
Comments
[edit] To make a comment about this article, or to suggest changes, click 'Add a comment' above. Separate your comments from any existing comments by inserting a horizontal line.
Interim Payment Certificate is prepared by Consultant's Team Leader or Contractor's Project Manager's which reports Monthly progress schedule and progress cash-flow.