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MEASURED PRICE CONSTRUCTION CONTRACT General Conditions Operational excellence for results that matter 11.9 Final Completion Certificate Final Completion Certificate (a) (b) (c) (d) Performance of the Contractor's obligations shall not be considered to have been completed until the Employer's Representative has issued the Final Completion Certificate to the Contractor, stating the date on which the Contractor completed its obligations under the Contract. The Employer's Representative shall issue the Final Completion Certificate within 28 days after the latest of the expiry dates of the Defects Notification Periods or as soon thereafter as the Contractor has supplied all the Contractor's Documents and completed and tested all of the Works, including remedying defects notified under Sub-Clause 11.1 before the last Defects Notification Period expired. A copy of the Final Completion Certificate shall be issued to the Employer. Notwithstanding the issue of a Final Completion Certificate, the Contractor shall be responsible for remedying at its cost and expense any Latent Defect, as well as any damage to the Works caused by such Latent Defect, which appears or occurs at any time during the Latent Defect Period. The Employer's Representative shall give the Contractor written notice of any such Latent Defect or damage. The Employer shall afford the Contractor such access to the Permanent Works as may be reasonable in all the circumstances for such purposes. The Contractor shall remedy such Latent Defect or damage as soon as reasonably practicable. If the Contractor fails to remedy any Latent Defect or damage within a reasonable time, a reasonable date may be fixed by (or on behalf of) the Employer, on or by which the Latent Defect or damage is to be remedied. The Contractor shall be given reasonable notice of this date. If the Contractor fails to remedy the Latent Defect or damage by this notified date the Employer may carry out the work himself or by others, in a reasonable manner and at the Contractor's cost (but the Contractor shall have no responsibility for this work) and the Contractor shall pay to the Employer the costs reasonably incurred by the Employer in remedying the Latent Defect or damage. This Sub-Clause shall not relieve the Contractor from any of its warranties, obligations or liabilities under or in connection with the Contract or otherwise at Law. 11.10 Unfulfilled Obligations Unfulfilled Obligations After the Final Completion Certificate has been issued, each Party shall remain liable for the fulfilment of any obligation which remains unperformed at that time. For the purposes of determining the nature and extent of unperformed obligations, the Contract shall be deemed to remain in force. © UNOPS 2011 81
MEASURED PRICE CONSTRUCTION CONTRACT General Conditions Operational excellence for results that matter 11.11 Clearance of Site Clearance of Site (a) (b) (c) Upon receiving the Final Completion Certificate, the Contractor shall at its cost remove any remaining Contractor's Equipment, surplus material, wreckage, rubbish and Temporary Works from the Site. If all the items referred to in Sub-Clause 11.11(a) have not been removed within 28 days after the Employer receives a copy of the Final Completion Certificate, the Employer may sell or otherwise dispose of any remaining items. The Employer shall be entitled to be paid the costs incurred in connection with, or attributable to, such sale or disposal and restoring the Site. Subject to Sub-Clauses 14.7 [Payment] and 14.16 [Set Off], any balance of the monies from the sale of the items referred to in Sub-Clause 11.11(b) shall be paid to the Contractor. If these monies are less than the Employer's costs, the Contractor shall pay the outstanding balance to the Employer. 12. MEASUREMENT AND EVALUATION 12.1 Works to be Measured Works to be Measured (a) (b) The Works shall be measured, and valued for payment, in accordance with this Clause 12. Whenever the Employer’s Representative requires any part of the Works to be measured, reasonable notice shall be given to the Contractor’s Representative, who shall: (i) (ii) promptly either attend or send another qualified representative to assist the Employer’s Representative in making the measurement; and supply any particulars requested by the Employer’s Representative. (c) (d) (e) If the Contractor fails to attend or send a representative, the measurement made by (or on behalf of) the Employer’s Representative shall be accepted and deemed as accurate. Except as otherwise stated in the Contract, wherever any Permanent Works are to be measured from records, these shall be prepared by the Employer’s Representative. The Contractor shall, as and when requested, attend to examine and agree the records with the Employer’s Representative and shall sign the same when agreed. If the Contractor does not attend, the records shall be accepted and deemed as accurate. If the Contractor examines and disagrees with the records, and/or does not © UNOPS 2011 82
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