PROFESSIONAL PRACTICES ASSIGNMENT

QUESTION A:
Clause 30.0: Certificates and Payment
Clause30.1
Clause 30.1 stated that the Contractor shall submit payment application (including claims
from Nominated Sub-Contractors) at the interim interval with complete details to enable
Architect and Quantity Surveyor to consider and ascertain the amount to be included in interim
certificate. Upon receipt of such application, within 21 days, QS shall value and Architect shall issue an
Interim Certificate to Employer with a copy to Contractor and the Employer shall thereafter pay the
amount within the Period of Honouring Period. If Contractor failed to submit a payment application, he
shall be deemed to have waived his contractual entitlement and Architect will have the option to decide
whether to issue or not to issue any certificate. After the issuance of Certificate of Practical Completion
(CPC), Interim Certifications shall be issued for further amounts, for example like penultimate certificate
and final certificate.

Clause30.2
Clause 30.2 provides that the amount stated in Interim Certificate shall be the value of
work properly executed and percentage of materials / goods up to the date of the Contractors
payment application and less any amount which may be retained by Employer as per Clauses
30.5 (Retention Fund) and 30.6 (Rules regarding Retention Fund) and all previous interim
payments.
Amount in Interim Certificate = Work carried out properly

stated)

+
Percentage of materials / goods (100% if none
Amount retained in Retention Fund
Previous certified interim

certificate
The materials and goods included must be for incorporation into permanent works and have been
delivered to and properly stored at site and protected and be in accordance with the Contract and
not prematurely brought to site.

 Clause 30.3
Except for some clerical (clerk work), computational or typography error or errors found
in the certificate, the Architect shall not entitled to revise or correct any payment certificate on
other reasons. However, the Architect may make correction or modification in a later certificate
in respect of any valuation error in any earlier certificate.
Clause 30.4
The Employer shall be entitled to set off all the cost incurred and loss and expense from
Contractor under the Clauses 2.4, 4.4, 5.1, 6.5(e), 6.7, 14.4, 15.3(b), 15.3(c), 15.4, 15.5, 19.5 and
20.A.3. The set-off only can be made if in the condition that the Architect or QS on behalf of
employer has provided the assessment of such set-off to Contractor and a written notice is given
to the Contractor regarding to the details of set-off in not less than 28 days before the set-off is
deducted from payment by Employer. Contractor may dispute within 21 days of receipt of such
written notice from Employer or Architect. If the parties are unable to reach agreement within a
further 21 days, either party may refer to the dispute of adjudication under Clause 34.1. This
clause also mentioned that no set-off is allowed or to exercise by Employer unless agreed by
Contractor or as decided by adjudicator.