The Final Certificate is a critical document in Australian construction contracts that marks the formal conclusion of a construction project. It is issued after the completion of the defects liability period and when all works have been satisfactorily completed according to the contract specifications. This document is required when the contractor has fulfilled all contractual obligations, rectified any defects, and all financial matters including variations and adjustments have been reconciled. The Final Certificate includes comprehensive project details, financial summaries, and confirmations of completion, serving as conclusive evidence that the contract has been fulfilled. It is particularly important in Australian jurisdiction as it triggers the release of retention monies and provides legal certainty regarding the completion of contractual obligations. The document is typically issued by the contract administrator or superintendent and requires careful review of all project documentation, completion of works, and financial records.
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1. Project Identification: Details of the project including project name, address, contract reference number and date
2. Parties: Identification of the Principal/Client, Contractor, and Contract Administrator/Superintendent
3. Reference Documents: List of relevant contract documents, including the original contract, variations, and previous certificates
4. Certification Statement: Formal statement certifying that works have been completed in accordance with the contract
5. Financial Summary: Summary of the final contract sum, including original contract sum, variations, and adjustments
6. Date of Practical Completion: Confirmation of the date when practical completion was achieved
7. Defects Liability Period: Statement confirming the completion of the defects liability period
8. Final Payment Details: Specification of the final payment amount, including any retention money to be released
9. Authorization: Signature block for the certifying authority with date and professional credentials
1. Outstanding Items: List of any minor outstanding items or defects and their agreed resolution - include when there are remaining minor items
2. Release Statement: Mutual release of claims between parties - include when required by contract or parties
3. Warranties and Guarantees: Reference to ongoing warranties and guarantees - include when there are specific continuing obligations
4. Insurance Status: Confirmation of insurance requirements and status - include when specified in contract
5. Environmental Compliance: Statement of environmental compliance - include for projects with significant environmental aspects
6. Third Party Approvals: Reference to third party or authority approvals - include when relevant to project completion
1. Schedule A - Financial Statement: Detailed breakdown of final contract sum including all variations and adjustments
2. Schedule B - Completed Works Register: Comprehensive list of all completed works with reference to contract specifications
3. Schedule C - Variations Summary: Detailed list of all approved variations with costs
4. Schedule D - Retention Money Statement: Statement showing calculation and release of retention monies
5. Appendix 1 - As-Built Documentation: List of all as-built drawings and documentation provided
6. Appendix 2 - Warranties and Guarantees: Copies of all relevant warranties and guarantees
7. Appendix 3 - Authority Approvals: Copies of relevant authority approvals and certificates
Relevant legal definitions
Clauses
Relevant Industries
Construction
Infrastructure
Real Estate Development
Mining
Commercial Property
Industrial Development
Residential Development
Public Works
Education (facilities)
Healthcare (facilities)
Retail Development
Hospitality Development
Relevant Teams
Legal
Construction
Project Management
Commercial
Finance
Operations
Contract Administration
Quality Assurance
Development
Risk Management
Relevant Roles
Project Manager
Contract Administrator
Construction Manager
Quantity Surveyor
Project Director
Commercial Manager
Construction Lawyer
Building Certifier
Site Manager
Development Manager
Financial Controller
Claims Manager
Contracts Manager
Chief Operations Officer
Project Engineer
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