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.
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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
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
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
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