In response to your discussion of certification of payment for NSC a couple of things to add:
The process of how this is done, is by way of application of the Main Contractor to the Engineer for an Interim or Final Certificate sub-suming the Nom Sub-contractors claims for payment. This will in most cases be supported by the Main Contractors records. Subsequently, the Engineer issues the Payment Certificate ascertaining the amounts due.
Note that still if the Sub-contractor is dissatisfied with the Engineers decision, he cannot directly sue or claim against the Employer in arbitration, unless there is a mechanism provided by its contract e.g. name borrowing arbitrations. Any complaints by the NSC must be made through the Main Contractor.
Also, I am puzzled why the UK JCT Form has in its 2005 Forms abolished the NSC Forms altogether. Eager to discuss your views...
Member for
19 years 4 months
Member for19 years4 months
Submitted by Vic Sto. Domingo on Sat, 2006-07-01 08:05
Clause 59.5 of FIDIC 1987 provides that: “Before issuing, under Clause 60, any certificate, which includes any payment in respect of work done or goods, materials, Plant or services supplied by any nominated Subcontractor, the Engineer shall be entitled to….”
Clause 5.3 of FIDIC 1999 provides that: “The Contractor shall pay to the Nominated Subcontractor the amounts which the Engineer certifies to be due in accordance with the subcontract.”
Based on such provisions, I believe that the Engineer (Client’s side) is responsible in issuing the payment certificates for works executed by Nominated Subcontractors.
Member for
19 years 4 monthsRE: Certification of NSC work
In response to your discussion of certification of payment for NSC a couple of things to add:
The process of how this is done, is by way of application of the Main Contractor to the Engineer for an Interim or Final Certificate sub-suming the Nom Sub-contractors claims for payment. This will in most cases be supported by the Main Contractors records. Subsequently, the Engineer issues the Payment Certificate ascertaining the amounts due.
Note that still if the Sub-contractor is dissatisfied with the Engineers decision, he cannot directly sue or claim against the Employer in arbitration, unless there is a mechanism provided by its contract e.g. name borrowing arbitrations. Any complaints by the NSC must be made through the Main Contractor.
Also, I am puzzled why the UK JCT Form has in its 2005 Forms abolished the NSC Forms altogether. Eager to discuss your views...
Member for
19 years 4 monthsRE: Certification of NSC work
Hi Albert,
Clause 59.5 of FIDIC 1987 provides that: “Before issuing, under Clause 60, any certificate, which includes any payment in respect of work done or goods, materials, Plant or services supplied by any nominated Subcontractor, the Engineer shall be entitled to….”
Clause 5.3 of FIDIC 1999 provides that: “The Contractor shall pay to the Nominated Subcontractor the amounts which the Engineer certifies to be due in accordance with the subcontract.”
Based on such provisions, I believe that the Engineer (Client’s side) is responsible in issuing the payment certificates for works executed by Nominated Subcontractors.