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23 Cards in this Set
- Front
- Back
What is the date for completion? |
The date fixed and stated in the contract particulars |
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How does this differ from the completion date? |
This is the date for completion or any other date that is subsequently fixed (i.e. after an EOT) |
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What does it mean when ‘time is at large’? |
There is no fixed completion date |
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What is practical completion? |
When the employer takes back possession of the works |
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What is sectional completion? |
The completion and handover of the works to the employer in agreed stages |
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Do the works have to be totally completed before practical / sectional completion is achieved? |
Practical completion is a vague concept
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Can the PC certificate be rescinded once issued? |
No |
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What is the recourse if the contractor disagrees with the architect that the works are not completed? |
Adjudication |
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What are the consequences of practical / sectional completion? |
Half of the retention is released |
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What is partial possession? |
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What is the difference between partial possession and sectional completion? |
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What does the architect have to do at partial possession? |
Issue to a written statement to the contractor showing the relevant part and stating relevant date |
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What are the consequences of partial possession? |
For the relevant part practical completion is deemed to have occurred on the relevant date
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What is the rectification period? |
The contractor has an obligation to make good any defects, shrinkages or other faults that arise during this period of time |
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How long is it? |
The default position is 6 months |
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How can the architect get the contractor to fix the defects that arise during this period? |
No later than 14 days after the end of the Rectification Period the architect must issue a written statement to the contractor detailed all of the defects that have arisen and need to be made good |
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How quickly does the contractor have to fix the defects? |
Within a reasonable time |
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Can the architect get the contractor to fix defects faster or within the Rectification Period? |
Yes, they can issue an AI to get them to fix ‘forthwith’ e.g. if serious defect – leaking pipe etc that cannot be left until the end of the Rectification Period |
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What is the certificate of making good? |
Issued by the architect to certify that all of the defects that have been required to be made good by the contractor have been so |
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What are the consequences of the issue of the certificate of making good? |
The remaining retention is released |
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What is a non-completion certificate? |
Issued by the architect to certify that the works / section have not been completed by the relevant completion date |
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What are the consequences of a non-completion certificate? |
The employer has the right to withhold liquidated damages, as long as a withholding notice has been given |
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What are the consequences of a non-completion certificate? |
Interim certificate |