ABSTRACT

Concise Building Contract includes provision for the contractor to make applications for interim payments, and the timing and detail of the procedure to be followed are more complex. The Royal Institute of British Architects Building Contracts, unlike some others, do not include ‘property vesting’ clauses, which provide that such materials and goods will become the property of the client once certified. An action was brought against the building contractor, the architect and the quantity surveyor for defects in the design and construction of a home. Linking payment to milestones introduces an incentive to the contractor to maintain steady progress throughout the project. The contract administrator is required to issue certificates at ‘the frequency specified in item of the Contract Details’. The employer must pay the amount on the final date for payment for interim certificates, subject to any pay less notice.