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Final Certificate

Final Certificate Template for Germany

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Key Requirements PROMPT example:

Final Certificate

"I need a Final Certificate for a completed office building construction project in Berlin, with a contract value of €5.2M, to be issued by March 2025, including provisions for retained payment release after the defects liability period."

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Document background
The Final Certificate (Schlussrechnung) is a mandatory document required under German construction law for the formal closure of construction projects. It is typically issued when all contracted works are substantially complete and all variations and adjustments have been agreed upon. The document must comply with both the German Civil Code (BGB) and the VOB/B regulations, particularly §16 VOB/B which governs payment terms and final accounts. The Final Certificate includes a comprehensive financial summary of the entire project, incorporating the original contract sum, approved variations, previous payments, and any adjustments for damages or bonuses. It serves as the basis for the final payment and typically triggers the commencement of warranty periods. This document is crucial for both accounting purposes and legal compliance, forming part of the project's permanent record.
Suggested Sections

1. Project Identification: Details of the construction project, contract reference numbers, and dates

2. Parties: Full legal names and addresses of the contractor and client

3. Work Description: Brief description of the contracted work scope that has been completed

4. Contract Base Amount: Original contract sum as agreed

5. Approved Variations: List and values of all approved change orders and variations

6. Previous Payments: Summary of all interim payments made to date

7. Final Account Calculation: Detailed calculation of the final amount including all additions and deductions

8. Retention Release: Details of any retention monies and their release

9. VAT Calculation: Clear breakdown of VAT calculations as required by German tax law

10. Declaration of Completion: Formal statement confirming works are complete and final account is accurate

Optional Sections

1. Defects List: List of any minor defects still to be remedied, only included if there are outstanding items

2. Performance Bonus: Calculation of any performance bonuses earned, only if specified in original contract

3. Liquidated Damages: Calculation of any delay penalties, only if delays occurred

4. Dispute Resolution: Statement of any disputed items and their resolution, only if disputes existed

5. Insurance Confirmation: Confirmation of continued insurance coverage, only if required by specific contract terms

Suggested Schedules

1. Schedule 1 - Detailed Cost Breakdown: Itemized breakdown of all costs including original contract items and variations

2. Schedule 2 - Variation Orders: Copies of all approved variation orders with corresponding values

3. Schedule 3 - Payment History: Detailed record of all previous payments including dates and amounts

4. Schedule 4 - As-Built Documentation: List of all as-built drawings and documentation handed over

5. Schedule 5 - Warranties and Guarantees: List of all warranties and guarantees provided, including their duration

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Public Works

Healthcare Construction

Educational Facilities

Retail Development

Relevant Teams

Finance

Commercial

Construction

Project Management

Legal

Procurement

Contract Administration

Accounts Payable

Quality Assurance

Document Control

Relevant Roles

Construction Manager

Project Director

Quantity Surveyor

Contract Administrator

Commercial Manager

Finance Director

Project Accountant

Construction Director

Site Manager

Claims Manager

Technical Director

Chief Financial Officer

Procurement Manager

Industries
BGB § 631-651: German Civil Code sections on Contracts for Work, defining basic obligations for construction contracts and final payment requirements
VOB/B § 16: German Construction Contract Procedures specifically dealing with payment terms, invoicing, and final certificates in construction projects
UStG § 14: German Value Added Tax Act requirements for invoicing, including mandatory content for valid invoices
HGB § 238: German Commercial Code requirements for proper accounting records and documentation
BGB § 195: Statute of limitations for claims, relevant for retention periods and warranty claims documentation
VOB/B § 13: Warranty obligations and defect claims provisions that need to be referenced in the final certificate
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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