In an ECC option C contract (target contract with activity schedule), once the completion certificate has been issue, is there a set period until which the contractor can still submit applications for payment?
Answer
Certification and payment under the ECC does not depend upon the contractor making an application. Instead, the project manager assesses the amount due at the intervals set out in subclause 50.1 with or without an application. If the contractor has made an application the project manager must consider it (subclause 50.4) but, if the contractor has not, the project manager still has to make his or her own assessment.
Assessment dates continue at the maximum of the assessment intervals from the starting date until 4 weeks after the issue of the defects certificate by the supervisor – again, see subclause 50.1. So, assessments and payments are made by the project manager after completion, to the extent that the price for work done to date has changed. That is especially the case with option C, where one cannot determine the final payment of the contractor’s share until you have finalised the price for work done to date and the final total of the prices – see subclause 53.4. The last assessment is made no later than 4 weeks after the defects is issued.
