Question 2: (Your Answers Should Be Taken From FIDIC 99, As May Be Applicable)
Question 2: (Your Answers Should Be Taken From FIDIC 99, As May Be Applicable)
1. Performance Certificate (Sub-Clause 11.9) Performance of the Contractors obligations shall not be considered to have been completed until the Engineer has issued the Performance Certificate to the Contractor, stating the date on which the Contractor completed his obligations under the Contract. The Engineer shall issue the Performance Certificate within 28 days after the latest of the expiry dates of the Defects Notification Periods.
2. Provisional Sum (Sub-Clause 13.5) Provisional Sum shall only be used, in whole or in part, in accordance with the Engineers instructions and the Contract Price shall be adjusted accordingly. For each Provisional Sum, the Engineer may instruct: o work to be executed (including Plant, Materials or services to be supplied) by the Contractor and valued under Sub-Clause 13.3 [Variation Procedure];and/or o Plant, Materials or services to be purchased by the Contractor.
3. Final Payment Certificate (Sub-Clause 14.13) Within 28 days after receiving the Final Statement and written discharge in accordance with Sub-Clause 14.11 [Application for Final Payment Certificate] and Sub-Clause 14.12 [Discharge], the Engineer shall issue, to the Employer, the Final Payment Certificate which shall state: (a) the amount which is finally due, and
(b) after giving credit to the Employer for all amounts previously paid by the Employer and for all sums to which the Employer is entitled, the balance (if any) due from the Employer to the Contractor or from the Contractor to the Employer, as the case may be.