Issue of Final Payment Certificate. Within 28 days after receiving the Final Statement and written discharge in accordance with sub-clause 14.11 [Application for Final Payment Certificate] and sub-clause 14.12 [Discharge] the Engineer shall issue to the Employer, the Final Payment Certificate which shall state:
Issue of Final Payment Certificate. Delete the words “within 28 days” in line 1 of paragraph 1 and replace by “within 45 days”.
Issue of Final Payment Certificate. Within 28 days after receiving the Final Statement and discharge in accordance with Sub-Clause 14.11 [Application for Final Payment Certificate] and Sub-Clause 14.12 [Discharge], the Engineer shall deliver to the Procuring entity and to the Contractor, the Final Payment Certificate which shall state: the amount which he fairly determines is finally due, and after giving credit to the Procuring entity for all amounts previously paid by the Procuring entity and for all sums to which the Procuring entity is entitled, the balance (if any) due from the Procuring entity to the Contractor or from the Contractor to the Procuring entity, as the case may be. If the Contractor has not applied for a Final Payment Certificate in accordance with Sub-Clause 14.11 [Application for Final Payment Certificate] and Sub-Clause 14.12 [Discharge], the Engineer shall request the Contractor to do so. If the Contractor fails to submit an application within a period of 28 days, the Engineer shall issue the Final Payment Certificate for such amount as he fairly determines to be due. Cessation of Procuring entity’s Liability The Procuring entity shall not be liable to the Contractor for any matter or thing under or in connection with the Contract or execution of the Works, except to the extent that the Contractor shall have included an amount expressly for it: in the Final Statement and also (except for matters or things arising after the issue of the Taking-Over Certificate for the Works) in the Statement at completion described in Sub-Clause 14.10 [Statement at Completion]. However, this Sub-Clause shall not limit the Procuring entity liability under his indemnification obligations or the Procuring entity’s liability in any case of fraud, deliberate default or reckless misconduct by the Procuring entity. Currencies of Payment The Contract Price shall be paid in the currency or currencies named in the Schedule of Payment Currencies. If more than one currency is so named, payments shall be made as follows: if the Accepted Contract Amount was expressed in Local Currency only: the proportions or amounts of the Local and Foreign Currencies, and the fixed rates of exchange to be used for calculating the payments, shall be as stated in the Schedule of Payment Currencies, except as otherwise agreed by both Parties; payments and deductions under Sub-Clause 13.5 [Provisional Sums] and Sub-Clause 13.7 [Adjustments for Changes in Legislation] shall be made in the applicable currencies and propo...
