Failure by the Client to certify completion within 7 days

NEC3 and NEC4 Contracts
1

Good evening,

If a situation arises on an NEC4 ECSC where the works are completed as per the scope but the client does not certify completion within 1 week of the completion date what are the potential implications for the client and contractor? Should the client backdate the completion certificate to the actual completion date in this situation?

2

Hi Harry,

yes the Client should back date the certificate. Not issuing it in accordance with the contract is a breach but because the state of Completion is described in the definition under clause 11.2(2), it should be clear whether it has been achieved or not and when it was achieved.

Happy to discuss.