Common use of Final Certificate Clause in Contracts

Final Certificate. On the completion of the work the contractor shall be furnished with a certificate by the Executive Engineer (hereinafter called the Engineer - in - charge) of such completion but no such certificate shall be given nor shall work be considered to be complete until the contractor shall have the work be considered to be complete until the contractor shall have removed from the premises on which the work shall have been executed all scaffolding, all surplus materials and rubbish and shall have cleaned of the dirt from all wood work doors, windows walls floor or other parts of any building in or upon which the work, shall have been executed all scaffolding, all surplus materials and rubbish and shall have cleaned of the dirt from all wood work doors, windows walls floor or other parts of any building in or upon which the work, has been executed or of which he may have had possession for the purpose of executing the work nor until the work shall been measured by the Engineer - in - charge or where the measurement have been taken by his subordinates until they have received approval of the Engineer - in - charge the measurement being binding and conclusive against the contractor, if the contractor shall fall to comply with the requirements of this clause as to the removal of scaffolding surplus materials and rubbish and cleaning of dirt on or before the date fixed for the completion of the work the Engineer-in-charge may at the expenses of the contractor remove such scaffolding surplus materials and rubbish and dispose of the same as he thinks fit and clean off such dirt as foresaid and the contract or shall forthwith pay such amount of all expenses so incurred but shall have no claim in respect of any such scaffolding surplus materials as aforesaid except for any sum actually realized by the sale there of. Clause8: Payment on intermediate certificate to be regarded as advances. No payment shall be made for any work estimated to cost less than rupees on thousand till after the whole of work shall have been completed and a certificate of completion given but in the case of works estimated to cost more than rupees one thousand the contractor shall on submitting a monthly xxxx therefore be entitled to receive payment proportionate to the part of the work than approved and passed by the Engineer-in-charge, whose certificate of such approval and passing of the sum so payable shall be final and conclusive against the contractor. All such intermediate payments shall be regarded as payments by way of advanceagainst the final paymentsonly and not as paymentsfor workactuallydoneand completed and shall not preclude the Engineer-in-charge from requiring any bad unsound imperfect or unskillful work to be removed or taken away and reconstructed of the due performance of the contract or any part thereof in any respect or the occurring of any claim nor shall it conclude determine or effect in any other way the powers of the Engineer-in-charge as to the final Settlement and adjustment of the accounts or otherwise or in any other way very or affect the contract.The final xxxx shall be submitted by the contractor within one month of the date for completion of work otherwise the Engineer-in-charge's certificate of the measurements and of the total amount payable for work shallbe final and binding on all parties. Clause 9 : Payment at reduced rates on account of items of work not accepted as completed, to be at the direction of the Engineer-in-charge. The rates for several items of work estimated to cost more than Rs. 1000 agreed to within,shall be valid Only when the item concerned is accepted as having been completed fully in accordance with the sanctioned specifications. In cases where the items of work are not accepted as so completed by the Engineer- in-charge he may make payment on account of such at such reduced rates as he may consider reasonable in the preparation of final or on account bills. Clause10: Xxxx to be submitted monthly. A xxxx shall be submitted by the contractor in each month or before the date fixed by the Engineer-in charge for all work executed in the previous month, and the Engineer-in charge shall take or cause to be taken the requisite measurement for the purpose of having the same verified and the claim, so far as it is admissible shall be adjusted, if possible, within ten days from the presentation of the xxxx. If the contractor does not submit the xxxx within the time fixed as aforesaid, the Engineer-in -charge may depute a subordinate to measure up the said work in the presence of the contractor or his duly authorized agent whose counter signature to the measurement list shall be sufficient warrant, and Engineer-in-charge may prepare a xxxx from such list whichs hall be binding on the contract or sin all respects. Clause11: Bills to be on printed forms. The contractor shall submit all bills on the printed forms to be on had on .application at the office of the Engineer-in-charge. The charges to be made in the xxxx shall always be entered at the rates specified in the tender or in the case of any extra work ordered in pursuance of these conditions and not mentioned or provided for in the tender at the rates here in after provided for such work.