Conclusive evidence clause: definition and example
A clause that makes a final certificate or final account conclusive once a set time passes without a challenge.
By Jack Butler-Kettle · Updated
Guidance for England and Wales. Check the contract, amendments and facts that apply to your job.
What it means in practice
Some contracts give a certificate or statement a special evidential effect after a stated period. The document, the issues covered and exceptions depend on the clause. The action needed to challenge it may be more specific than sending a general email of disagreement.
Identify the exact trigger, deadline and required action promptly. Final account recovery includes organising disputed account items; urgent procedural questions may need legal advice.
Worked example
The facts
A subcontractor receives a final statement with wording referring to a challenge period.
What happens
It locates the incorporated clause and records when the statement was received.
It obtains advice on what must be done before the relevant period expires.
What this shows
A diary entry and an informal objection are not assumed to satisfy the contractual challenge procedure.