Final Certificate for Malta

Final Certificate Template for Malta

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Final Certificate

"I need a Final Certificate for a completed commercial office building in Valletta, with a contract value of €2.5M, to be issued by March 2025, including certification of all variation works and release of the remaining 5% retention."

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What is a Final Certificate?

The Final Certificate is a critical document in Maltese construction law that marks the formal completion of a construction project and triggers the release of final payment. It is used when all works under a construction contract have been substantially completed, all defects have been remedied (or arrangements made for their remedy), and final account figures have been agreed upon. The document must comply with Malta's Building Regulation Act, the Civil Code, and relevant construction regulations. The Final Certificate includes essential information such as the final contract sum, confirmation of works completion, details of any retained amounts, and certification by qualified professionals. It serves as conclusive evidence that works have been completed satisfactorily, subject to specific exceptions like fraud or deliberate concealment of defects.

What sections should be included in a Final Certificate?

1. Project Identification: Details of the construction project including project name, reference numbers, and location

2. Parties: Identification of the employer/client, contractor, and the certifying architect/engineer

3. Contract Reference: Reference to the original contract, including date and any variations

4. Works Description: Brief description of the works that were undertaken under the contract

5. Certification Statement: Formal statement certifying that the works have been completed in accordance with the contract

6. Financial Summary: Summary of the contract sum, previous payments, and final amount due

7. Completion Date: Statement of the actual completion date and any relevant extension of time awards

8. Professional Declaration: Professional statement by the certifying architect/engineer confirming their authority to issue the certificate

What sections are optional to include in a Final Certificate?

1. Defects Status: Section to be included if there are any minor defects remaining with agreed remediation plans

2. Retention Release: Include when there is remaining retention money to be released

3. Outstanding Claims: Section needed if there are any unresolved claims or disputes

4. Variations Summary: Include if there were variations to the original contract that affect the final sum

5. Performance Standards: Include when specific performance standards or testing results need to be certified

6. Warranties: Section listing applicable warranties and their commencement dates, if relevant

What schedules should be included in a Final Certificate?

1. Schedule of Interim Certificates: List of all interim certificates issued during the project

2. Financial Statement: Detailed breakdown of the final account including variations, claims, and adjustments

3. List of Documents: Schedule of all relevant documentation including as-built drawings and operational manuals

4. Outstanding Items Schedule: List of any minor outstanding items or defects with agreed completion dates

5. Warranties and Guarantees: Copies or list of all applicable warranties and guarantees

6. Appendix A - Completion Photographs: Photographic evidence of completed works where required

7. Appendix B - Test Certificates: Copies of relevant test certificates and commissioning data

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Construction

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Project Manager

Construction Manager

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Contract Administrator

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Chief Financial Officer

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Procurement Manager

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