Within 56 days after receiving the Performance Certificate, the Contractor shall submit, to the Engineer, six copies of a draft final statement with supporting documents showing in detail in a form approved by the Engineer:
(a) the value of all work done in accordance with
the Contract, and
(b) any further sums which the Contractor
considers to be due to him under the Contract or otherwise. If the Engineer disagrees with or cannot verify any part of the draft final statement, the Contractor shall submit such further information as the Engineer may reasonably require and shall make such changes in the draft as may be agreed between them. The Contractor shall then prepare and submit to the Engineer the final statement as agreed. This agreed statement is referred to in these Conditions as the "Final Statement". However if, following discussions between the Engineer and the Contractor and any changes to the draft final statement which are agreed, it becomes evident that a dispute exists, the Engineer shall deliver to the Employer (with a copy to the Contractor) an Interim Payment Certificate for the agreed parts of the draft final statement. Thereafter, if the dispute is finally resolved [ Obtaining Dispute Adjudication Board's Decision ] or [ Amicable Settlement ], the Contractor shall then prepare and submit to the Employer (with a copy to the Engineer) a Final Statement.
This Sub-Clause sets out the procedure for settling the financial aspects of the Contract. The Contractor must initiate the procedure by the date eight weeks after the issue of the Performance Certificate. He may feel able to initiate it as soon as the Defect Notification Periods have all expired. If agreement is not achieved and a dispute exists, the Contractor is entitled to prompt payment in respect of the agreed parts of his draft final statement. If the dispute is then resolved (by the DAB's decision) or (by amicable settlement), a Final Statement is to be prepared in accordance with the outcome, so that the following Sub-Clauses can then be applicable If the dispute is not resolved under it would probably need to be resolved by arbitration. After resolution by arbitration, which may be considerably later, there may be no need for a Final Statement, does not require it to be prepared. For example, the only necessary documentation may have been prepared or defined by the arbitrator(s). If there is no Final Statement.
Source: a. The FIDIC Contracts Guide
b. CONDITIONS OF CONTRACT FOR CONSTRUCTION
c. CONDITIONS OF CONTRACT FOR PLANT AND DESIGN-BUILD
d. CONDITIONS OF CONTRACT FOR FOR EPC/TURNKEY PROJECTS
কোন মন্তব্য নেই:
একটি মন্তব্য পোস্ট করুন