The Division of the State Architect (DSA) can close projects either by issuing the Final Certification of Construction or by closing the project without certification. The difference is significant.

Without certification, the State will not assume liability for the facility. Your district's school board members remain liable in any construction-related litigation.

Your district should make every effort to complete the certification process.

Closure With Certification

The Final Certification of Construction certifies that construction complies with requirements of the Field Act, which was enacted in 1933 to:

• Establish "reasonable minimum standards for the design and construction of new school buildings."
• Provide for a rigorous inspection process "to ensure that the work of construction has been performed in accordance with the approved plans and specifications, for the protection of life and property."

The Final Certification of Construction releases your school district's board members from any direct liability connected with construction of the school facility. This certification also indicates project closure and the end of the DSA's responsibilities.

The DSA grants a Final Certification of Construction when:

• All construction is completed and verified.
• All required documentation is received and verified by the DSA.
• The required fee, adjusted for final construction costs (including change orders), is received by the DSA.
• The "Notice of Completion" is received by the DSA.

Closure Without Certification

The DSA may close a project without issuing a Final Certification of Construction in any of the following circumstances:

• Required fees are not paid to the DSA.
• The project's documentation is incomplete.
• The DSA's inspection discovers problems with the construction that are not adequately addressed.

If a project is closed without certification, the school district may pay a nominal fee to have the DSA reopen the project. When the outstanding issues have been resolved, the DSA will issue the Final Certification of Construction and the State will assume liability for the facility.