d . |
Attend to items on the list for final completion ; |
e . |
Cede to the employer any outstanding guarantees , product |
warranties and design indemnities . |
After the Certificate of Final Completion has been issued - the subcontractor must : a . Cooperate with the PCr and the CA / PA to determine the value of work completed and applicable adjustments including measurements on-site , where required ; b . Agree the subcontract final account with the PCr , CA / PA and / or Agents , if not done already ; c . And on receipt of the final payment , submit all certificates of compliance or the like withheld as a lien for outstanding payments .
Delays and claims : a . As the works progress the subcontractor may become aware of ‘ events ’ that could delay the subcontract works or result in additional expense or possible savings ( or faster / better methods of construction ?). b . Where authorised changes to the scope of the subcontractworks are instructed during the execution and / or completion phases , the ( sub ) -contractor may be entitled to a revision of the date for interim or practical completion and / or an adjustment of the subcontract value ; c . If the PCr ( and subcontractors ) is behind schedule following the current programme a revision of the date for practical completion and / or an adjustment of the contract value is probably not justified . d . All SfC require Notice to be given within a stipulated period to ensure that such events can be adjudicated speedily and / or to implement remedial actions , or lose the opportunity to claim ; e . The PCr and each subcontractor remain liable for defective work from the date of commencement of the subcontract-works until the expiry of the Defects Liability Period stipulated in the SfC- CD / SfS-CD used .
Note : Time is defined to be of the essence by specifying the period for construction or the intended date for completion of the subcontract works at the tender stage . Failure to complete the Works is a breach of contract in delict ( SfS ) entitling the contractor to recover stated damages from the subcontractor to be no worse off had this breach not occurred .
Note : Where the subcontractor fails to meet the agreed dates for interim or practical and final completion of the works as a whole , or a section thereof , the contractor may be entitled to recover damages .
Note : The PCr is entitled to an extension of time and additional costs to complete the subcontract-works due to the insolvency of a nominated subcontractor [ 23.2.9 ], or termination of a nominated or selected subcontractor due to default of the employer and / or agents .
Note : The PCr is not entitled to an extension of time and / or additional costs to complete the subcontract-works due to termination and replacement of a subcontractor where the employer and / or agents are not in default . PA