certificate of completion of a terminated contract

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certificate of completion of a terminated contract

Post by Malene Jade on Wed Sep 10, 2014 9:26 am

good day,

can anyone please enlighten me with our query. We awarded the infra project to contractor A but eventually was terminated because of negative slippage. they only completed 47% of the project. Contractor B completed the infra project.

Now, Contractor A is asking for the release of their retention money. and as one of the requirements for such release is the certificate of completion, turn over and acceptance and the posting of warranty security.


a.) do we need to issue the certificate of completion? and if yes, how do we word it? should we indicate only the 47% they completed?

b.) what would be our basis (law) for requiring them in posting of the proportionate warranty security (47%)?


please help.

Malene Jade
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Re: certificate of completion of a terminated contract

Post by regina avelino on Wed Sep 10, 2014 10:19 am

In my opinion you can issue certfication of completion to contractor A for the 47% only of the entire project. there is no template for this type of setup. on the other hand, contractor B shall be issued with certificate of completion for the remaining project with is only 53%. My comment only is that you don't immediately release the retention money pertinent to Contractor A. The entire retention money should be release only upon issuance of certificate of acceptance which is one year after completion.

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Re: certificate of completion of a terminated contract

Post by Malene Jade on Wed Sep 10, 2014 1:06 pm

should their warranty security be computed as 10% of the 47% of the total contract price?

Malene Jade
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Re: certificate of completion of a terminated contract

Post by regina avelino on Thu Sep 18, 2014 5:30 pm

please refer to section 62.2.3.3 and make the necessary computation for the 47% of the contract price.

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