FIDIC 1999 Books – Commentary on Clause 14

Clause 14 deals with all aspects of payment.  It also deals with the Statement at Completion, the Final Payment Certificate, Discharge and Cessation of the Employer’s Liability. The Clause provides that this is a re-measurement contract and that the quantities stated in the Bill of Quantities are estimated.  There is provision for an advance payment to be made to the Contract.  Applications for Interim Payment Certificates are made monthly and these must be supported by documents and a report on progress.   Unless the amount assessed is less than the minimum amount set out in the Appendix to Tender, the Engineer has 28 days to issue an Interim Payment Certificate, which states the amount the Engineer fairly determines to be due.  The Employer thereafter has an obligation to pay the amount certified, in the currencies named in the Appendix to Tender.  In the event that payment is not received the Contractor can claim financing charges compounded monthly. Fifty per cent of the retention monies are paid when the Taking-Over Certificate is issued.  Where there are Sections then a proportion is paid.  The balance of retention is paid on the expiry of the latest Defects Notification Period or, where there are Sections, a proportion at the expiry of the Defects Notification Period for that Section.    Within 84 days of receiving the Taking-Over Certificate the Contractor submits a Statement at Completion.  This must include an estimate of all sums which the Contractor considers due. Within 56 days of receiving a Performance Certificate, the Contractor submits a Final Statement.  The Contractor must also submit with the Final Statement a written discharge which confirms that the total of the Final Statement represents full and final settlement of all moneys due.  The Engineer then issues to the Employer a Final Payment Certificate.  The Contract states that the Employer shall have no liability to the Contractor except to the extent that the Contractor has included an amount expressly for that matter in the Final Statement and also the Statement at Completion.