Frequently Asked Questions
Search a question and read the short, guiding answer with its legal basis.
- FAQ4735Tender Process Disputes01 September 2026
How does an extension of time affect the date of provisional acceptance?
An approved extension of time changes the completion date in the contract. The calculation of provisional acceptance and of any delay penalty must also be made by reference to the new completion date.
- FAQ4735Tender Process Disputes01 September 2026
What happens if the contracting authority uses the works before provisional acceptance?
Use by the contracting authority of all or part of the work matters for the dates of acceptance and of liability. As a rule the authority may not use the works before provisional acceptance. The scope in which use began and the parties' records must therefore be assessed on the facts.
- FAQ4735Tender Process Disputes01 September 2026
Is the contractor liable for defects appearing after provisional acceptance?
Provisional acceptance does not bring to an end the contractor's maintenance and defect liability during the guarantee period. Whether the defect arises from the contractor's work, from use or from a third party must be determined technically.
- FAQ4735Tender Process Disputes01 September 2026
In what circumstances may a quality deduction be made?
Where works are acceptable but depart slightly from the contract standard, a quality deduction may arise to the extent permitted by the legislation and the contract. Substantial defects cannot be remedied by a quality deduction.
- FAQ4735Tender Process Disputes01 September 2026
What is the relationship between the final account and final acceptance?
The final account is the final financial reckoning of the works carried out and their prices, whereas final acceptance concerns the technical completion of the work in accordance with the contract. Although the two processes are connected, they are not the same act.
- FAQ4735Tender Process Disputes01 September 2026
When is the performance bond returned in a construction contract?
Return of the performance bond depends on provisional and final acceptance, the clearance certificate and the other conditions in the contract. The special provisions of Law No 4735 apply to the return of part or all of the guarantee.
- FAQ4735Tender Process Disputes01 September 2026
When is final acceptance carried out?
Final acceptance is carried out where the guarantee or maintenance period between provisional and final acceptance has been completed and there is no uncorrected defect in the work. The periods for application and for the commission must also be monitored.
- FAQ4735Tender Process Disputes01 September 2026
How is the provisional acceptance retention applied?
The provisional acceptance retention provided for in the contract and the general specification may be withheld from progress payments by the method laid down. The rate of retention and the time of release may not be changed arbitrarily.
- FAQ4735Tender Process Disputes01 September 2026
Which date counts as the date of provisional acceptance?
The date of acceptance is determined according to the actual completion of the work and the provisions of the regulation on the commission's procedures. Because the date affects penalties, the guarantee and the period for final acceptance, it must be stated clearly in the record.
- FAQ4735Tender Process Disputes01 September 2026
How is the contractor's delay calculated at provisional acceptance?
Delay is determined having regard to the completion date in the contract, any approved extensions of time and the date on which the work was actually ready for acceptance. The contracting authority's own delay in acceptance must not be confused with the contractor's delay.
- FAQ4735Tender Process Disputes01 September 2026
What is done if deficiencies are found at provisional acceptance?
Minor deficiencies that do not prevent operation may be recorded and a period given for them to be made good. Where there are substantial deficiencies, provisional acceptance is not carried out and the work is required to be brought to an acceptable state.
- FAQ4735Tender Process Disputes01 September 2026
How is the provisional acceptance commission constituted?
The commission is constituted by the contracting authority from members of the number and qualities required by the legislation. Having regard to the technical characteristics of the work, the necessary expertise must be provided through the commission or through technical support. The commission must consist of an odd number of at least three persons, one of whom is the chair.
- FAQ4735Tender Process Disputes01 September 2026
When is an application for provisional acceptance made in a construction contract?
When the contractor considers that the work has been completed in accordance with the contract, it notifies its request for provisional acceptance to the contracting authority in writing. The authority and the construction supervisor check whether the work is ready for acceptance in accordance with the procedure laid down in the legislation. If the check is satisfactory, an inspection and…
- FAQ4735Tender Process Disputes01 September 2026
Is refusal to accept the service sufficient for termination of the contract?
Refusal to accept the contract work may be a significant breach. However, the conditions in the Law and the contract as to a warning, a period and a material breach must also be satisfied. Not every rejection amounts to termination.
- FAQ4735Tender Process Disputes01 September 2026
How must the final account be carried out in service procurement?
In service procurement the final account is the reckoning that finally establishes whether the parties owe anything to each other, carried out after the acceptance procedures for the service are complete or after the contract is terminated or liquidated.
- FAQ4735Tender Process Disputes01 September 2026
Is the contractor liable where the service is delayed through the contracting authority's fault?
Delay by the contracting authority in handing over the site or in providing information, approval or access may affect the service programme. For the delay to be attributed to the contractor, the causal link and the written records must be examined.
- FAQ4735Tender Process Disputes01 September 2026
May the contractor object to the inspection and acceptance record?
Where the contractor does not agree with the findings, it must submit its reasons and supporting documents in writing within the time limit. The objection mechanism in the contract and the general remedies remain available.
- FAQ4735Tender Process Disputes01 September 2026
May the contracting authority require the service to be performed again?
Re-performance may be required for a service that does not conform to the technical specification and can be remedied. The scope of the request must be proportionate and must not take the form of duplicated deductions or penalties for the same service.
- FAQ4735Tender Process Disputes01 September 2026
May a defective service be corrected afterwards?
In correcting a defective service, what matters is the nature of the service and whether the deficiency can be remedied or the service performed again. The period for correction, its effect on the progress payment and any penalty are determined by the provisions of the contract.
- FAQ4735Tender Process Disputes01 September 2026
How must service reports be used in the acceptance procedure?
The reports must show the outputs, dates and quantities required by the contract. Reports containing only general statements may not be sufficient to prove the conformity of the service with the technical specification.