If the contract administrator is under pressure to confirm the practical completion while the work is not complete, he may consider informing the customer in writing of any problems, obtaining the customer`s written agreement to attest to the practical completion, and obtaining the contractor`s agreement to complete the work and remedy any deficiencies. If the contract manager is unsure of the problems this may pose, he or she can advise the client to obtain legal advice. Although the process is similar for most agreements, the exact process depends on the terms of the contract in question. It is a complex subject. The contract administrator is empowered to instruct the contractor to remedy the deficiencies. However, it is the contractor`s responsibility to complete the work in accordance with the contractual documents, i.e. without defects. The end of the liability period does not mean that the contractor is no longer responsible for defects, but that he does not have the right to return to the site to remedy them. If the contractor has a contractual right to remedy the deficiencies and the employer does not inform the contractor of the need for an improvement or refuses access to the site, the employer may be contrary to the contract. However, case law shows that, in this case, the contractor is not normally “let down”.
The employer remains demanding as to the cost of correcting the defects, but the fee is probably limited to the amount that the original contractor would have cost to carry out the work. Upon receipt of the final application or the expiry of the time limit for filing a final claim, the Superintendent issues a “final certificate” indicating the final amount that the procuring entity must pay to the contractor (or vice versa). If the procuring entity has no money and there are no defects or unresolved disputes, the procuring entity shall be obliged to release and return the balance of the contractor`s security. . . .