Who can issue an Interim Certificate on a JCT Design and Build contract?

Jun 8, 2016 |NBS Software Support

Generally speaking, there is no “Interim Certificate” issued under this contract. If you are the Employer or Employers Agent on the JCT D&B contract, it is not your responsibility to certify the value of work done.

Why?

The JCT D&B contract does not support third party certification. There is no Contract Administrator under this form of contract. Forms are issued by the Employers Agent, who is effectively the Employer.

It is the Contractor who submits an application for payment (Interim Payment Application), which is then payable in a certain period of time. 

In NBS Contract Administrator, the role you set yourself up as within a JCT D&B job determines the contract administration forms you can issue.

For “2005” and “2011” contracts, the paper versions of the ‘RIBA’ administration forms come in two separate packs. These are:

Employer / Employer's Agent Forms

  • Instructions
  • Notification of an Extension of Time
  • Notification of an Extension of Time of Section
  • Notice of Non-Completion
  • Statement of Practical Completion
  • Statement of Practical Completion of Section
  • Certificate of Completion of Making Good
  • Final Certificate

Contractor Forms

  • Interim Payments Application
  • Statement of Retention
  • Record of Reimbursement
  • Statement of Partial Possession by Employer
  • Final Certificate

Your role is set in the Job details > Team tab for that job.

CA0007

However, for the "2016" version of the contract, the ‘Contractor’ forms pack has been discontinued. A new form (Interim Payment Notice) has been added to the Employer/Employer’s Agent pack, and this form has also been included in NBS Contract Administrator, together with the associated Statement of Retention and Record of Reimbursement.

This means that users can now issue a notice in response to the Contractor’s Application, or if the Contractor fails to issue an application, to comply with the terms of the Housing Grants, Construction and Regeneration Act 1996 (as amended).

Related article

Employer’s Agent Payment and Pay Less Notice templates for the JCT Design and Build Contract

 

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