Common use of Final Completion Certificate Clause in Contracts

Final Completion Certificate. The Final Completion should be recorded in a report or a statement signed by the Client. It not sufficient to monitor that the construction work has been completed. It should be recorded in writing. Indeed, this document enables to complete, without ambiguity, the Appointment of the Architect and to initiate, if need be, the Final Payment of fees. The Architect should inform in writing the Client who refuses to handover construction of the importance of Handover. Indeed, Construction Handover is the legal act that constitutes the commencement date of the guarantee of perfect completion owed by Contractors, the guarantee of good function and the ten-year warranty period due by Contractors and the Architect. Also, it constitutes the commencement of the compulsory construction insurance that covers the ten-year warranty period of Contractors and the Architect. Moreover, if the Client refuses to handover the Works, the Contractors can request the Handover, by court order if required. The administration has a legal right of access to the Works and receipt of the technical documents, either during construction work or during a three year period after completion (article L 151-1 of the Construction and Housing Code). Infractions of building practice which concern the stability of the Works or the safety of persons (seismic construction regulations, accessibility, fire security, guard rails…) can be subject to reports prepared by authorized civil servants and submitted for prosecution (article L152-1 of the Construction and Housing Code). Legal sanctions are incurred in case of disregard of these regulations (fines up to 45,000€ and six months detention in case of subsequent offences). They concern Clients and Developers (article L 152-4 of the Construction and Housing Code). PART 2 - Watchpoints on the Agreement and contractual liability‌ Compliance with the Agreement and Conditions‌ For the Architect, in particular, it means complying with the Appointment: no more, no less. Accordingly, the Architect should refuse to visit the construction site, for whatever reason, if his/her Appointment terminated at the Design Phase.