Purpose
Note on JCT editions: JCT has published the 2024 Edition. This guidance cites JCT SBC/Q 2016 clause references; the commercial and payment mechanisms are substantively unchanged in the 2024 edition, but specific clause references should be verified against the contract edition in use on any given project.
The Final Valuation is the QS's definitive financial statement of the total sum due to the contractor at the end of the contract, incorporating all agreed variations, all agreed claims, all agreed fluctuations (if applicable), and the release of all retention monies. It is the penultimate step before the Final Account Agreement and the Final Certificate: it represents the QS's professional certification of the contractor's total entitlement under the contract.
The Final Valuation is distinct from the Final Account Forecast (which is an estimate) and the Final Account Agreement (which requires the contractor's acceptance). It is the QS's own independently prepared statement — informed by the Variation Account and Claims Settlement but prepared as a formal valuation document in the same way as an interim certificate, with the same professional responsibilities for accuracy and completeness.
Under JCT SBC/Q 2016 Clause 4.12, the QS must prepare the Final Valuation within 3 months of receiving the contractor's Final Account submission (or such other period as specified). Delay in preparing the Final Valuation can hold up the Final Certificate and expose the client to interest liability under HGCRA.
Key Principles
- RICS Final Account Procedures (1st ed.): the Final Valuation is the QS's statement of the total sum due; it must be prepared independently of the contractor's submission and then compared to identify differences.
- JCT SBC/Q 2016 Clause 4.12: the QS sends a copy of the Final Valuation to the contractor within 3 months of receiving the contractor's Final Account; the contractor has 3 months to raise any dispute.
- HGCRA 1996 (as amended): the payment due date, final date for payment, and interest provisions apply to the Final Certificate in the same way as interim certificates — late payment carries statutory interest.
- RICS Retention (GN 90/2012): both moieties of retention must be included in the Final Valuation as a release; the QS must confirm that the CMGD has been issued before including the second moiety release.
- JCT SBC/Q 2016 Clause 4.15: the Final Certificate is conclusive evidence of the sum due unless challenged within 28 days — the Final Valuation feeds directly into the Final Certificate.
- NEC4 Clause 50: the Project Manager assesses the amount due at each assessment date; the final assessment follows the same rules as interim assessments with all compensation events and disallowed costs included.
Practical Application
Common Mistakes to Avoid
- Including items in the Final Valuation as 'agreed' when they are only assessed — the Final Valuation must accurately reflect the agreed position, with disputed items shown separately.
- Failing to check that the first moiety of retention was actually paid — if it was not, it must appear in the Final Valuation as a credit balance adjustment.
- Issuing the Final Valuation without a HGCRA-compliant payment notice — the Final Valuation is a payment notice; failure to comply with HGCRA creates default sum risks.
- Including the contractor's unsubstantiated claims without independent assessment — every item in the Final Valuation must be independently verified by the QS.
- Omitting fluctuations entirely on a fixed-price contract without checking the contract for any fluctuation provisions — some contracts include named product fluctuation clauses even with 'firm price' tenderers.
APC Competency & Quick Reference
- Contract Practice Level 3 — Final Valuation preparation, retention, Final Certificate, HGCRA compliance
- Quantity Surveying & Construction Level 3 — valuation methodology, contractor's Final Account checking
Completion & Final Account Checklist
CPD Learning Outcomes
- Prepare a Final Valuation schedule incorporating all agreed variations, claims, retention releases, and fluctuations, in compliance with JCT SBC/Q 2016 Clause 4.12 and RICS Final Account Procedures.
- Issue the Final Valuation as a HGCRA-compliant payment notice, specifying the sum due, the basis of assessment, and the final date for payment.
- Advise the client on the contractual and financial significance of the Final Certificate and the 28-day challenge window under JCT SBC/Q 2016 Clause 4.15.
Further Reading
- RICS, Final Account Procedures, 1st edition (Black Book)
- RICS, Retention, GN 90/2012
- JCT Standard Building Contract with Quantities 2016 — Clauses 4.12, 4.15, 4.20
- NEC4 Engineering and Construction Contract — Clause 50 (final assessment)
- Housing Grants, Construction and Regeneration Act 1996 (as amended 2009) — s.110, s.111 (payment notices, pay less notices)
- RICS, Ascertaining Loss and Expense, 2nd edition, July 2024
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