ABSTRACT
The certificate of non-completion is governed by clauses 2.31 and 2.22 in SBC and IC respectively. These clauses provide that the certificate must be issued by the architect if the contractor fails to complete the Works by the contract date for completion or any extension of that date. There is no express stipulation that the certificate must be issued by any particular date, although it is surprising how many people believe that it must be issued within 7 days of the contractor’s failure to complete. This is incorrect. The only time limit is that imposed by the issue of the final certificate. The final certificate is the architect’s final action under the contract. After issuing it the architect is functus officio – that is to say the architect has no further powers or duties and, therefore, cannot issue the non-completion certificate.
