Project Completion Certificate (Ghana)

A Project Completion Certificate in Ghana confirms the declared information and the maker's responsibility for its accuracy.

The issuance of a Project Completion Certificate has significant legal and financial consequences under the construction contract. Upon the issue of the certificate, the defects liability period commences — typically 12 months for building works and 24 months for civil engineering projects, during which the contractor remains obligated to remedy any defects that manifest in the works at the contractor's cost. The employer's right to call on the performance bond or retention bond is restricted during the defects liability period once the Completion Certificate has been issued, consistent with the conditions of the performance bond issued under standard practice by banks licensed by the Bank of Ghana (BoG).

The Public Procurement Act 2003 (Act 663), as amended by the Public Procurement (Amendment) Act 2016 (Act 914), governs procurement of works, services, and supplies by public entities in Ghana. The Public Procurement Authority (PPA) oversees compliance with Act 663. Under standard government construction contracts in Ghana — typically based on the FIDIC (Fédération Internationale des Ingénieurs-Conseils) Red Book or the Ghana government standard conditions — the issue of the Project Completion Certificate by the engineer or the employer's representative is a condition precedent to the release of the retention money held by the employer under the contract.

The Ghana Institution of Engineering (GhIE) and the Ghana Institution of Surveyors (GhIS) set professional standards for engineers and quantity surveyors in Ghana. The Ghana Institute of Architects (GIA) sets standards for architects. In building projects, the Project Completion Certificate is typically prepared by the architect or the quantity surveyor appointed under the construction contract, in accordance with the professional guidelines of the GIA or GhIS. An engineer registered with the Ghana Engineers Registration Board under the Ghana Engineering Council Act 2011 (Act 819) may also issue the certificate for civil or MEP (mechanical, electrical, plumbing) works.

The Environmental Protection Agency (EPA), established under the Environmental Protection Agency Act 1994 (Act 490), requires environmental impact assessments (EIAs) for certain categories of construction projects in Ghana. Where an EIA was required for the project, the Project Completion Certificate should confirm that the contractor has complied with the environmental conditions imposed by the EPA and has remediated any environmental damage caused during construction.

The Lands Commission of Ghana, established under the Lands Commission Act 2008 (Act 767), is responsible for the management of government and stool land, and for the Land Title Registry. Where the completed project includes new buildings or structures on registered land, the employer must register the new structures with the Lands Commission after the issue of the Project Completion Certificate, in accordance with the Land Title Registration Act 1986 (PNDCL 152).

A Project Completion Certificate for a private sector construction project governed by the Contracts Act 1960 (Act 25) should be distinguished from a certificate of completion issued by a local assembly under the Local Governance Act 2016 (Act 936). Under Act 936, district, municipal, and metropolitan assemblies in Ghana issue building permits and occupation certificates for new buildings and major extensions. The employer should obtain both the contractual Project Completion Certificate and, separately, the occupation certificate or building completion certificate from the relevant local assembly before the completed building is occupied.

A Project Completion Certificate in Ghana is needed at the practical completion stage of any construction, infrastructure, or services project to formally document that the works have been substantially completed in accordance with the contract.

A Project Completion Certificate is required when a contractor engaged under a public sector construction contract governed by the Public Procurement Act 2003 (Act 663) and the Public Procurement (Amendment) Act 2016 (Act 914) completes the works, because the employer cannot release the retention money held under the contract until the Project Completion Certificate is issued by the engineer or the employer's representative.

A Project Completion Certificate is needed when a performance bond or advance payment bond issued by a bank licensed by the Bank of Ghana (BoG) provides that the bond automatically reduces or expires upon the issue of the Project Completion Certificate. The contractor needs the certificate to request the partial release of the performance bond and to trigger the defects liability period.

A Project Completion Certificate is required when the employer needs to register completed buildings or structures with the relevant local assembly under the Local Governance Act 2016 (Act 936) to obtain an occupation certificate, because the local assembly typically requires evidence of the completion of the contracted works before issuing the occupation certificate.

A Project Completion Certificate is needed when a contractor has completed works for a company registered with the Ghana Free Zones Authority under the Ghana Free Zones Authority Act 1995 (Act 504), and the employer must demonstrate to the Ghana Free Zones Authority that the free zone infrastructure has been completed in accordance with the approved development plan.

A Project Completion Certificate is required when a development finance institution — such as a bank regulated by the Bank of Ghana (BoG) or the Ghana Infrastructure Investment Fund (GIIF) — has disbursed a construction loan and requires confirmation of practical completion as a condition for releasing the final tranche of the loan or for converting the construction facility to a term loan.

A Project Completion Certificate is needed when a contractor engaged under an engineering, procurement, and construction (EPC) contract for an energy project regulated by the Energy Commission of Ghana under the Energy Commission Act 1997 (Act 541) has completed the construction phase and needs to trigger the commencement of the operations and maintenance phase.

A Project Completion Certificate is required when the contractor needs to commence the defects liability period under the contract, so that the clock starts running on the period within which the employer may give notice of defects for the contractor to remedy at the contractor's cost.

A legally effective Project Completion Certificate for use in Ghana under the Contracts Act 1960 (Act 25) must contain the following essential elements.

Project Identification: The full name and description of the project — for example, "Construction of a Three-Storey Office Building at Airport Hills, Accra, Greater Accra Region, Ghana" — and the contract reference number. Where the project was procured under the Public Procurement Act 2003 (Act 663), the Public Procurement Authority (PPA) tender reference number should be included.

Parties: The full legal names and addresses of the employer (the client) and the contractor. Where the employer is a public entity under Act 663, the name of the relevant government ministry, department, or agency should be stated. Where the contractor is a company registered under the Companies Act 2019 (Act 992), the company registration number issued by the Office of the Registrar of Companies (ORC) should be included.

Contract Details: The date of the construction contract, the contract sum (in Ghana cedis — GHS), and any approved variations to the contract sum. The contract sum should be stated inclusive of VAT and other levies under the Value Added Tax Act 2013 (Act 870) where the contractor is VAT-registered.

Date of Practical Completion: The date on which the works reached practical completion — the date the employer or the contract administrator formally accepted the works as substantially complete. This date determines when the defects liability period begins.

Outstanding Items: A schedule of any minor outstanding works or snag items that the contractor is required to remedy within a stated period, confirming that these items do not prevent the works from being used for their intended purpose.

Defects Liability Period: The start and end dates of the defects liability period — typically 12 months for building works from the date of practical completion, or such other period as specified in the contract. During this period, the contractor must rectify any defects notified by the employer at the contractor's own cost.

Retention Release: The conditions under which the retention money held by the employer will be released — for example, 50% of the retention released upon the issue of the Project Completion Certificate and the balance upon the issue of the Final Completion Certificate at the end of the defects liability period.

Compliance Statements: Confirmation that the works were completed in accordance with: the approved building plans and specifications; the building permit issued by the relevant local assembly under the Local Governance Act 2016 (Act 936); any environmental conditions imposed by the Environmental Protection Agency (EPA) under the Environmental Protection Agency Act 1994 (Act 490); and applicable Ghana Standards Authority (GSA) standards under the Ghana Standards Authority Act 2011 (Act 820).

Authorised Signatories: The certificate must be signed by the authorised representative of the employer, and — for supervised contracts — by the supervising architect, engineer, or quantity surveyor. Engineers must be registered with the Ghana Engineers Registration Board under the Ghana Engineering Council Act 2011 (Act 819); architects must be registered with the Architects Registration Board under the Architects Registration Board Act 2001 (Act 591).

Forms-legal.com provides this Project Completion Certificate template as a starting point for employers and contractors in Ghana. For public sector projects, the certificate must comply with the standard conditions prescribed by the Public Procurement Authority (PPA) under the Public Procurement Act 2003 (Act 663).