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Retention records and certificates kept through a project

Insights on claims and disputes

The records that get retention released

A short list of documents, kept by somebody, decides whether the last money on a project arrives or not.

Retention is released by events, and events are proved by documents. Where the documents exist the release is administrative; where they do not it becomes a negotiation about what everybody remembers. Establishing which records exist is the practical starting point of a retention recovery assessment.

The list is short and almost none of it is onerous. What makes it difficult is that the records have to be kept by people who are, at that stage of a project, thinking about something else.

The contract particulars

The retention percentage, whether it reduces at completion, and the events that release each part.

Two lines, copied out at the start of the project and kept somewhere the commercial team can see them.

Almost every retention dispute starts with somebody not knowing what their own contract provides.

The certificates

Every interim certificate, with the gross valuation, the retention deducted and the retention released.

These are the documents from which the balance is derived, and both parties should hold a complete set.

Gaps appear around staff changes, which is when a complete set is most worth having.

The completion certificate

The document that triggers the first release and starts the defects period. Its date decides a great deal.

Where completion was taken without certification, the records of occupation, handover and service connection take its place as evidence.

Keeping those at the time is easy and reconstructing them later is not.

The defects schedule and its closure

The schedule as issued, each item, what was done about it and when.

That record is what supports the certificate of making good, and its absence is the commonest reason the certificate is never issued.

Closing items off in writing as they are completed takes minutes and prevents years of argument.

The certificate of making good

The trigger for the balance. Where it exists, the position is straightforward.

Where it does not, the evidence that it should have been issued becomes the case, which is why the defects records matter so much.

Requesting it in writing, and keeping the request, is itself part of the record.

Correspondence about release

Each request for release, with its date, and any response.

A sequence of reasonable requests met with silence is a strong position; the same requests made by telephone are not a position at all.

That is the simplest discipline on this list and the most frequently ignored.

Where the records should live

Somewhere other than the project server, because projects get archived and archives get difficult to reach.

With a named owner once the project team disperses, since retention falls due long after everybody has moved on.

And in a form somebody unfamiliar with the project can use, because that is who will eventually be looking at it.

What their absence costs

A balance that cannot be stated, a trigger that cannot be proved and a position that depends on what the other side is willing to accept.

That is the difference between an administrative release and a negotiation, and the negotiation usually settles below the full figure.

On a portfolio it compounds, because the same gaps appear on every project run the same way.

A one page habit

A single sheet per project: percentages, completion date, defects period, release dates, balance, and the status of each certificate.

Updated when something happens rather than maintained continuously, which amounts to a few minutes a year after completion.

It is the cheapest document in construction commercial management and it recovers more money than most.

Who actually keeps them

After completion the project team disperses and the records belong to nobody, which is precisely when retention falls due.

Naming somebody responsible for the closed project file, with the retention sheet in it, solves most of this.

It also means the eventual request comes from somebody who knows what they are asking for, which makes it far more likely to be paid.

When the records are already gone

Establish what the other side holds, since certificates and schedules exist in two copies and only one of them is usually missing.

Payment records show what was paid, which allows deductions to be inferred where certificates cannot be found.

Where the evidence genuinely runs out, the position has to be settled commercially, and the same is true across all of the claims and dispute services.

The cost of keeping them

A folder, a one page sheet and a named owner. Measured against a retention balance on a project of any size, it is the best return available in commercial administration.

The reason it is not done is that the benefit arrives years later, to somebody who may not be the person who would have kept them.

Making it a standing requirement rather than an individual habit is the only approach that survives staff changes and reorganisations.

The sheet itself

Percentages, completion date, defects period length, release dates, the balance, and whether each certificate has been issued.

Six lines, updated when something happens, kept with the closed project file rather than in somebody’s inbox.

Anybody picking it up two years later can act on it without reading the whole contract again, which is the entire point of keeping it.

Where it fits

Record keeping is not claims work. It is ordinary commercial management that happens to decide how a dispute goes two years later.

Where the records exist, a retention assessment is a short exercise. Where they do not, most of the work is reconstructing them.

Either way the reconstruction has to happen before anything else, which is why it is the first thing a retention recovery assessment does.

Retention that has not come back?

A retention recovery assessment establishes the balance from the certificates, fixes the release dates from the contract and sets out what has to happen before the money falls due.

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