ABSTRACT

This chapter explores that most construction contracts provide a mechanism for the payment of the contractor and this usually involves the certification of work done by a third party. It examines that most international infrastructure projects, it is the engineer who has the responsibility to give its 'independent' opinion as to the quality of the work completed or on other related issues. A certificate must clearly express the opinion of the certifier whether that be the architect, engineer or other professional. These three things are often referred to as the 'form, substance, and intent' test of certificates. The final certificate was initially issued with the employer named as Transloyd Ltd because of an erroneous belief that that company was to be treated as the successor of the employer. During the course of the project 'interim certificates' are issued periodically to identify the quantities of work carried out and to ascertain the amount of money owing to the contractor.