FIDIC / Legal Reference: FIDIC Red Book Clause 10.1
The formal certificate issued by the Engineer confirming that the Works have been completed in accordance with the contract and are ready to be taken over by the employer. Issuance of the TOC marks the end of the contractor’s liability for Delay Damages and triggers the start of the Defects Notification Period.
What it means in practice
Under Clause 10.1, the contractor may apply for a Taking Over Certificate when it considers the Works to be substantially complete. The Engineer then has 28 days to issue the TOC or issue instructions specifying the work required to complete. If the Engineer fails to respond within 28 days after the contractor’s notice, the TOC is deemed to have been issued on the last day of the period.
The TOC is one of the most commercially significant certificates in the project lifecycle. It stops the running of Delay Damages, triggers the transfer of insurance obligations, reduces the Performance Security, and starts the DNP clock. Half the retention money also becomes payable on Taking Over.
Where disputes arise
Employer refusal to take over Works that are substantially complete — using outstanding snagging items as a pretext to continue running Delay Damages — is a recognised and disputed practice in UAE construction. Contractors should document the completion status carefully and give formal notice under Clause 10.1.
UAE Context
UAE projects frequently see TOC delays caused by outstanding authority NOCs or pending municipality inspections. These delays may themselves constitute employer-risk events giving rise to EOT and additional cost entitlement.
Related terms
Disputes over Taking Over Certificate issuance are a core part of e-Basel’s claims advisory practice. We help contractors and employers navigate Clause 10 entitlements across UAE projects.
Construction Claims Consultant UAE →Search terms: taking over certificate FIDIC · TOC construction UAE · clause 10.1 FIDIC · substantial completion certificate · construction handover certificate UAE