(1) Once the public entity has accepted the work completed as per the procurement contract, the final payment shall be made to the supplier, construction entrepreneur, service provider or consultant as per the conditions of the contract.
(2) In making final payment pursuant to sub-rule (1), in the case of a construction work, the performance security and fifty percent amount of the retention money deducted pursuant to sub-rule
(4) of Rule 123 shall be returned after the expiry of the defects liability period. The remaining fifty percent amount of the retention money shall be paid after the concerned supplier, construction entrepreneur or service provider has submitted documentary evidence showing the submission by him or her of tax returns to the concerned Inland Revenue Office.
Provided that if the concerned construction entrepreneur does not rectify the defects within the defects liability period, the public entity may rectify the defects by using the retention money or the amount for security.
(2a) Notwithstanding anything contained elsewhere in this Rule, payment of retention money shall, in the case of a joint venture, be made after the submission of document showing the submission of tax returns in the Inland Revenue Office.
(3) The procurement contract may provide that the construction entrepreneur, supplier, service provider or consultant shall, for getting the final payment, not make any claim other than the following with the public entity:
(a) Special claim,
(b) The liability of the construction entrepreneur, supplier, service provider or consultant towards a third party that has arisen or may arise in carrying out the procurement, and
(c) Claim for the reimbursement relating to the liability borne by the construction entrepreneur, supplier, service provider or consultant in respect of a third party while performing the procurement contract, but which has not been claimed with the public entity and which has not been informed in time.