Certification of work for regularisation of payments

The importance of expert opinions on mismatches in work certifications for the regulation of payments.

In construction, the relationship between developers, contractors and architects is fundamental to the smooth running of any project. One of the key phases in this process is the **certification of work**, which verifies the progress of the work and establishes the amount to be paid to the contractors for the work carried out. However, sometimes **mismatches** can arise between what has been executed and what is certified. In these cases, **technical audit** becomes an essential tool to ensure that payments are fair and in line with the reality of the work.

What is a works certification?

The works certificate is a document that certifies the physical and financial progress of a construction project over a given period, usually monthly. It is issued by the architect or construction manager, and details the amount of work executed according to the agreed budget, and is the basis for regulating payments to contractors.

This process allows the developer, whether public or private, to ensure that it is paying for the work actually done, in accordance with quality standards and on time. However, there is not always full agreement between all parties on the amount of work certified, leading to disputes over financial compensation.

## Mismatches in work certifications: common causes

There are many reasons why mismatches can arise in work certifications:

1. **Measurement errors or differences in measurement:** The calculation of the quantities executed may be subject to errors, either because of problems in the interpretation of the drawings or because of discrepancies between the architect's measurements and those of the contractor.

2. **Modifications to the project:** During the execution of a work, unforeseen events may arise that make it necessary to make modifications to the original project. If these modifications are not properly recorded and agreed, they can lead to discrepancies in the certification.

3. **Inconsistencies in the quality of materials or works:** The quality of the works executed may not correspond to the standards set out in the project. In this case, the architect may decide not to certify certain works, which in turn may lead to financial disputes.

4. **If the contractor does not comply with the deadlines established for the execution of the different phases of the project, this may be reflected in the certifications, affecting payments.

5. **Claims for unrecognised work:** The contractor may consider that he has executed additional work or work that has not been properly valued in the certification, giving rise to payment disputes.

## The need for a technical expertise

When mismatches arise in work certifications that lead to payment disputes, a **technical expertise** becomes a crucial tool for resolving these differences in an objective and transparent manner. The figure of the **perito**, an independent specialised technician, allows the situation to be analysed with technical and legal criteria, providing an impartial and detailed view of the execution of the work.

#### Expert's functions in certification mismatches

1. **Verification of the work carried out:** The expert carries out an exhaustive review of the project and the work carried out, comparing the certificates issued with the reality of what has actually been built. This includes the physical measurement of the works, the analysis of the materials used and the review of any changes that may have been made in the course of the work.

2. **Determination of the actual state of progress:** The expert establishes the actual percentage of progress of the work, contrasting it with the values reflected in the previous certifications. This makes it possible to determine whether the payments made correspond to the amount of work actually executed.

3. **Assessment of the quality of the work:** In addition to the quantity, the surveyor assesses the quality of the work carried out, ensuring that the standards established in the contract and in the regulations in force are met.

4. **Technical report for regularisation of payments:** After the expert assessment, the expert issues a detailed technical report that can be used to adjust certifications and regularise payments. This report is essential as it provides an objective technical basis for resolving discrepancies between the parties involved.

## Benefits of expert opinions on payment regulation

The use of expert opinions in cases of mismatches in building certifications offers a number of key benefits for all parties involved:

1. **Impartial dispute resolution:** When carried out by an independent technician, the surveyor offers an impartial solution that avoids protracted disputes between contractors, architects and developers.

2. **Saving time and legal costs:** With an objective technical assessment, many disputes can be resolved quickly without going to court, reducing legal costs and time spent on litigation.

3. **Ensuring fair payments:** The surveyor ensures that payments are in line with the quantity and quality of the work performed, preventing overpayments or underpayments to the contractor.

4. **Transparency in the process: ** The report expert provides clarity and transparency to all parties, as it comprehensively details the status of the work and the reasons for any identified mismatches.

## Conclusion

In the field of construction, mismatches in work certifications are a common phenomenon that can lead to disputes between the parties involved. In these cases, technical expertise becomes an essential tool to regulate payments in a fair and equitable manner. Through an impartial and detailed assessment, it ensures that payments reflect the reality of the work executed, avoiding unnecessary litigation and favouring the correct completion of projects.