Question  3 – Certificates & Extensions of Time

Objective

To clarify the powers available to the architect to oversee and monitor the quality of the works.

Task

Prepare detailed answers to the following:

     a)  The project comprises a mixed use leisure complex, with hotel rooms, water park and swimming pool, theme park and retail units. The main building works and majority of external works have been satisfactorily completed by 15 July which is the contract completion date. However, the hotel rooms have not been finished, and still require decoration and second fix mechanical and electrical installations. The CA will not issue a practical completion certificate until all the works are complete. Owing to the number of rooms that require work, it is likely to take another 20 weeks.

          A non-completion certificate has been issued and liquidated damages are being deducted from the contractor. This means the site is still the responsibility of the contractor which in turn means that the employer cannot occupy the site.

          Discuss this scenario with specific reference to the options available to each party. Consider the implications of your suggestions on the elements of time, cost and quality. 

     b)  Six months after the issue of the final certificate the footpaths around the building start to show extensive cracking because the contractor failed to use the correct tarmac specification. The contractor's response is that he is no longer liable because the CA has accepted the work through the issue of the final certificate.

          What advice would you now give to the employer? Discuss with reference to the implications of the Final Certificate.  

a)    Using appropriate examples, explain the difference between a ‘Relevant Event’ and a ‘Relevant Matter’