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Certificate Of Substantial Performance for the United Kingdom

Certificate Of Substantial Performance Template for England and Wales

A Certificate of Substantial Performance is a formal document used in construction projects under English and Welsh law to certify that works have reached a state of substantial completion. It triggers important contractual mechanisms including the release of retention monies and the commencement of the defects liability period. The certificate confirms that the works are sufficiently complete for the client's intended use, although minor defects may still exist.

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Certificate Of Substantial Performance

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What is a Certificate Of Substantial Performance?

The Certificate of Substantial Performance serves as a crucial milestone in construction projects governed by English and Welsh law. It is issued when the works have reached a state where they can be used for their intended purpose, even if minor works or defects remain. The certificate triggers several important contractual consequences, including the release of retention monies, the start of the defects liability period, and transfer of risk. It's typically issued by the contract administrator or architect after thorough inspection and is required under standard forms of construction contracts such as JCT and NEC.

What sections should be included in a Certificate Of Substantial Performance?

1. Project Identification: Details of the construction project including address and contract reference

2. Parties: Identification of contractor and employer/client

3. Date of Inspection: When the works were inspected for substantial completion

4. Certification Statement: Formal statement confirming substantial performance of the works in accordance with the Housing Grants, Construction and Regeneration Act 1996

5. Works Description: Brief description of the works that have been substantially performed

What sections are optional to include in a Certificate Of Substantial Performance?

1. Outstanding Works: List of minor items still to be completed, used when there are minimal outstanding works that do not affect substantial performance

2. Conditions: Any conditions attached to the certification, used when specific requirements must be met before the certificate becomes effective

What schedules should be included in a Certificate Of Substantial Performance?

1. Inspection Report: Detailed report of the inspection findings and verification of substantial completion

2. Photographic Evidence: Photographic documentation of the completed works demonstrating substantial performance

3. Outstanding Works Schedule: Detailed schedule listing any remaining minor works or defects to be rectified

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Ƶ

Sector

Education

Cost

Free to use
Relevant legal definitions




















Clauses












Industries

Housing Grants, Construction and Regeneration Act 1996: Primary legislation governing construction contracts in the UK, particularly relevant for payment provisions and definitions of substantial performance

The Scheme for Construction Contracts (England and Wales) Regulations 1998: Supplementary regulations that provide additional provisions where construction contracts don't fully meet HGCRA requirements, including relevant definitions and procedures

Construction Act 2009: Amendment to the HGCRA that updated provisions regarding payment procedures and other aspects of construction contracts

Common Law Case: Hoenig v Isaacs [1952]: Key case law that established principles for what constitutes substantial performance in construction contracts

Contractual Requirements: Specific terms and conditions from standard form contracts (such as JCT or NEC) that may apply to the definition and certification of substantial performance

Practical Completion Criteria: Defined standards and requirements that must be met to achieve practical completion, which is closely related to substantial performance

Inspection Requirements: Legal and contractual requirements for inspection and verification of works before certification of substantial performance

Payment Consequences: Legal implications and payment obligations that arise from certification of substantial performance under English law

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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