πŸ‘‰How to be treated-Forgotten Items in Previouse Interim Payments?

🌟A contractor can be paid for a forgotten item of work in the final payment, but it depends on contract terms and proper documentation.

1. Contractual Basis

If the item is part of the original scope of work (included in BOQ, drawings, or specifications) but was mistakenly omitted in earlier interim payments, it can be included in the final account.

If it is an extra or variation, a formal variation order or instruction should be approved before payment.

2. Verification

The Resident Engineer (RE) or Consultant must verify that:

The work has been executed to the required standard.

It was not previously paid for.

It is not a duplication of another item.

3. Payment Procedure

Include the forgotten item in the Final Payment Certificate.

Provide a measurement sheet or payment summary showing the work done and its valuation.

Obtain approval from the Engineer/Consultant and Client before release of payment.

4. Contract Clauses

Refer to the contract clauses on Final Account, Variations, and Payment Certificates (FIDIC, PPA, or local standard contract conditions).

4.1.FIDIC (1999 Red Book)

Clause 14.6 – Issue of Interim Payment Certificates

β€œThe Engineer may in any payment certificate make any correction or modification that should properly be made to any previous payment certificate.”

This means if an item was forgotten in the first payment, it can be included in later interim payments, provided it was part of the contract works.

4.2.Ethiopian Public Procurement Agency (PPA) Conditions of Contract

Clause 43.1 – Interim Payment Certificates

β€œThe Engineer may in any payment certificate make any correction or modification that should properly be made to any previous certificate.”

Clause 47 – Final Statement and Payment also confirms that any remaining adjustments or omissions shall be included in the final payment

Once the final certificate is signed, no additional claims are normally accepted unless there is a formal dispute.

5. Practices

According to the Ethiopian Standard Conditions of Contract (MoWE or ERA):

Clause on Interim Payment Certificates allows correction of previous omissions or errors in subsequent certificates.

Payment is cumulative – meaning any forgotten item can be added later as long as it is justified.

6. Time Limitation

Some contracts state that claims not raised within a certain time (e.g., 28 days after discovery) may be invalid. Check the contract for such provisions.

β˜„Key References

-PPA 2011

-Ethiopian Roads Authority (ERA) General Conditions of Contract

-FIDIC Conditions of Contract (1999 Edition)

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