“Quantity Surveying BSc – Certificates 2 1# Just prior to issuing an interim certificate the architect notices that the cement and sand floor screeds are in a poor condition and not of the required standard. He informs the contractor that he intends to deduct the value of that work from future interim certificates until the works are remedied. The contractor claims that the architect has no authority to do this because the quantity surveyor has already included the work in the previous interim valuations and the employer had paid for the work, therefore it had been accepted. Discuss. 2# The contractor fails to replace large areas of defective turfing, although he acknowledges that he is at fault. Eventually the employer (after the correct contractual procedure has been followed) engages another firm to replace the damaged turf. The cost to the employer of having this work carried out was 2.000. The quantity surveyor has just prepared the interim valuation and an interim certificate is to be issued in 3 days time for the sum of 220,000. How may the money paid out by the employer be recovered? Discuss. 3# During the rectification period it becomes apparent that the air-handling unit for the ventilation system is not working properly because of defective sensors. However, the schedule of defects is not due to be completed for another four months. What can the architect do? Discuss. 4# The contractor has completed one section of the project and the employer has decided that he would like to move in to that portion of the works. The employer has informed the contractor of his intentions and asked him to remove his materials that are being stored in that area. The contractor is not very keen on allowing the employer to move into this area as he was using it as a secure storage area for expensive and vulnerable items of plant and materials. Discuss. 5# Six months after the issue of the final certificate the plasterboard ceilings start to show extensive cracking because the contractor failed to put in all the required wind bracing and plasterboard noggings. The contractor’s response is that he is no longer liable because the architect has accepted the work through the issue of the final certificate. What advice would you now give to the employer? Discuss.”

In the scenario above there is the case of defects appearing in the floor screeds which have already been paid for by the employer. The architect is able to and must correct such valuation errors in subsequent interim certificates.

In clause 4.16.1 reference is made to work properly executed this means that no defective work should be included in the valuation. However, a Contractor may try to use this clause to claim that, if works have been included in an Interim Certificate, it is evidence that they have been accepted and are free of defects. This is not the case as clause 3.6 states the contractor shall remain wholly responsible for carrying out and completing the works in all respects in accordance with the contract documents and that responsibility shall not be affected by the architect including the value of any work materials or goods in a certificate for payment……(short extract)

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