When the entire Project has essentially been completed and any Testing for Completion provisioned in the contract has been conducted successfully, the Contractor is required to provide the Engineer with a relevant notice accompanied by his written commitment that he will complement during the Defects Liability Period, with due diligence and willingness, any remaining/ unfinished work and a copy to the Contracting Authority. The notice along with this commitment is considered as a request by the Contractor to the Engineer in order to issue the Acceptance Certificate in relation with the Project.
The Engineer must, within 21 days (or as many days as specified in the contract) from the date of receipt of the notice:
|●||either issue the Acceptance Certificate to the Contractor with copy to the Contracting Authority by stating the date in which, in his opinion, the Project had been essentially completed pursuant to the contract.|
|●||or give written instructions to the Contractor defining the works which, in his opinion are required to be executed by the Contractor before this Certificate is issued.|
The Engineer must also notify the Contractor regarding any defective work that shows up in the Project following the issue of such instructions which (work) affects the actual completion of the Project. Within 21 days (or as many days as specified in the contract) from the completion of all the works defined pursuant to the above and the repair of all defects by the Contractor, the Engineer must issue the Acceptance Certificate.
It is noted that the Contractor is entitled to request and the Engineer must issue an Acceptance Certificate21 [ The Acceptance Certificate that will be issued for any Section or part of the Permanent Works before the completion of the entire Project shall not be considered as certifying the completion of any ground or surface which requires restoration or upon which shall be installed additional base, asphalt or other layers, unless this is explicitly mentioned in the said Certificate. ] for:
|●||any Section for which a separate Completion Time is specified in the Tender’s Annex,|
|●||any substantial part of the Permanent Works that has been completed to the satisfaction of the Engineer and is in use or has been occupied by the Contracting Authority, in a different method of use or occupation from the one provisioned in the contract, or|
|●||any part of the Permanent Works which the Contracting Authority has selected to use or occupy before the completion (being understood that such occupation is not provisioned in the contract or is not agreed upon with the Contractor as a temporary measure).|
If any part of the Permanent Works has been substantially completed and any Testing fot Completion provisioned in the contract has been conducted successfully, then the Engineer may issue the Acceptance Certificate regarding this part of the Permanent Works before the completion of the entire Project and, upon the issue of this Certificate, it will be considered that the Contractor has assumed to complete, during the Defects Liability Period, any work remaining on this part of the Permanent Works.