Page 51 - Interactive report Ar Site Practice

The Agreed Liquidated Damages amount a genuine pre-estimate of the loss and/or
damage to be suffered by the Employer if the Contractor contravenes Clauses 21.0 and
22.0. The parties agree that by signing the Contract, the Contractor shall pay to the
Employer the said amount, if the same becomes payable without the need for the
Employer to prove its loss and/or damage unless otherwise proved by the Contractor

Certificate of Non-Completion revoked by subsequent Certificate of Extension of Time
Architects issue Extended Time Certificates under Clauses 23.4, 23.9 and 23.10 which
have the effect of setting a Completion Date later than the date stated in the previously
issued Certificate of Incomplete, the certificate shall have the effect of revoking the
previously issued Certificate of Incomplete. shall review the amount of Liquid
Indemnity which he is entitled to retain. If the amount of Diluted Compensation
retained exceeds the amount eligible to be retained by the Employer, shall repay the
excess amount to the Contractor within the Certificate Honor Period from the date of
the latest Extension of Time Certificate. If the Works are not completed on the
Completion Date specified in the Extension of Time Certificate, the Architect shall
issue a Certificate of Incomplete

PREPARATION AND SUBMISSION OF CERTIFICATE OF NON-COMPLETION

Some basic rules must be complied with in the preparation of the Certificate of Non-
Completion as follows:
a) All particulars in the Certificate must be correctly inserted. Particulars of the Contract

and the Contractor inserted in the Certificate must be the same as those in Contract
Document. No space allowed for insertions in the Certificate, except the date of the
same, shall be left blank. The date of the Certificate shall be the date on which the officer
empowered to do so signs the Certificate.

b) The periods of coverage of the insurance policies must be extended to the expected date
of completion of the Work.

When submitting the Certificate of Non-Completion for approval, particulars of the
Contract and other information must be provided on a standard form. In addition, the

following must be submitted together:

- A statement by the recommending officer as to whether he has studied the circumstances of the case
in depth and assessed the ability of the Contractor to proceed and complete the Work; and whether in
his opinion, imposition of LAD will ensure completion of work the soonest and his reasons for
thinking so.
- A description of the progress of work achieved by the Contractor and the work programmed of the
balance of work may be completed.