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Independent Certifier meaning

What does Independent Certifier mean?
An Independent Certifier is a neutral technical professional engaged on major construction, PFI/PPP and project-financed schemes to verify that contractual requirements have been met. In practice, they review design, construction progress and testing, and issue certificates for practical/commercial completion, section completion and key dates. Their certificates commonly operate as conditions precedent to service commencement, milestone/availability payments and lender drawdowns. The role is usually created by contract rather than legislation or case law, and is set out in an appointment deed and the project agreement/building contract. The Independent Certifier is typically jointly appointed by the authority and project co, with senior lenders often having consent or reliance rights. They act impartially (not as agent for either party) and owe duties of care as agreed. Depending on the drafting, the Independent Certifier may assess and certify extensions of time and related relief events, or make determinations that inform such relief; they do not themselves vary termination rights but certify facts that may affect them. Usage and legal effect are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. The role is also known as the Independent Tester in some UK PPP documentation.
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View the related Practice Notes about Independent Certifier

PRACTICE NOTES
PFI/PF2 project structures: parties, roles and interfaces in the UK

This Practice Note explores the principal parties commonly engaged in a PFI or PF2 project. It outlines the functions of public sector participants, private sector counterparts, finance providers and sub-contractors, together with support providers and other professionals involved. In the 2018 Budget (delivered on 29 October 2018), the government confirmed it would cease using PF2 for new schemes (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). Nonetheless, live PFI and PF2 arrangements remain in operation and, given the usual duration and lifespan of these schemes, are expected to do so for many years to come. Public Sector Authority/Trust This is the public sector organisation that originates and procures the PFI scheme in question and seeks to have the asset constructed and properly maintained (the label 'Trust' applies only to NHS schemes). The public body will typically be a local authority (including fire and rescue and (formerly) police authorities), an NHS Trust or a government department or non-departmental public body. The Authority/Trust enters into a...

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PRACTICE NOTES
UK PFI, PF2 and PPP glossary: contracts, changes, payment mechanisms, FM services, risk allocation, adjudication and handback

Abandon Describes a situation where the contractor halts performing the works for an extended, uninterrupted span of days (eg 20 business days) or for a greater aggregate of non-consecutive days (eg 60 business days) across the project’s duration or within a stated timeframe (eg 12 months), doing so wilfully and without justification at any stage of delivery or execution. Abandonment is ordinarily treated as a contractor default, enabling the Authority to terminate the Project Agreement and/or permitting Project Co to end the construction contract immediately for cause. Acceptance Tests Tests carried out to confirm whether the facility (or another project asset) achieves the standards required for the Authority to deem facility complete and accept it. Access Protocol The protocol that Project Co must follow in order to obtain access to the buildings forming part of the project at any time during the term. For instance, on a social housing scheme or a school, prerequisites would have to be satisfied by Project Co before...

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PRACTICE NOTES
UK construction glossary: terms beginning with I - contracts, procurement, PFI/PPP and dispute resolution

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z ICC May denote the Infrastructure Conditions of Contract (see below) or the International Chamber of Commerce (see below). ICE Refer to Institution of Civil Engineers below. ICT contract In PFI/PPP schemes with a substantial Information Communications Technology (ICT) element (for example, a school), a distinct ICT contract is put in place between Project Co and an ICT contractor to provide ICT services and/or infrastructure. See Practice Note: Key documents in a PFI/PF2 project. IFC Refer to Issued for construction below. Implied term A provision read into a contract in addition to those expressly agreed by the parties. Implied terms fall broadly into three types: implied by statute, by common law or by fact. See Practice Note: Implied terms in construction contracts. Incoterms Short for ‘International Commercial Terms’—a suite of internationally recognised terms and conditions employed in...

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