T017 Contract Practice - Completion, Time & Certs Rics Apc

Front 1

What is the date for completion?

Back 1

The date fixed and stated in the contract particulars

Front 2

How does this differ from the completion date?

Back 2

This is the date for completion or any other date that is subsequently fixed (i.e. after an EOT)

Front 3

What does it mean when ‘time is at large’?

Back 3

There is no fixed completion date
The contractor must only complete the works in a reasonable time

Front 4

What is practical completion?

Back 4

When the employer takes back possession of the works

Front 5

What is sectional completion?

Back 5

The completion and handover of the works to the employer in agreed stages

Front 6

Do the works have to be totally completed before practical / sectional completion is achieved?

Back 6

Practical completion is a vague concept
It is not defined in JCT
It is reliant on the architect’s opinion that the works are complete
It should not be conditional
It is common practice for PC to be granted when the works are substantially complete – i.e. there may be minor defects or omissions BUT nothing that would prevent the employer taking occupation

Front 7

Can the PC certificate be rescinded once issued?

Back 7

No

Front 8

What is the recourse if the contractor disagrees with the architect that the works are not completed?

Back 8

Adjudication

Front 9

What are the consequences of practical / sectional completion?

Back 9

Half of the retention is released
The Rectification Period begins
The contractor’s responsibility for insuring the works (if applicable) ends
Contractor’s liability for liquidated damages ends
The employer is now responsible for any damages to the works

Front 10

What is partial possession?

Back 10

Where the employer requests and the contractor consents to the employer taking possession of the works / part of the works before the date for practical / sectional completion?

Front 11

What is the difference between partial possession and sectional completion?

Back 11

Sectional completion is a contractual obligation to hand over the section at the stated date, partial possession relies on the contractor’s consent

Front 12

What does the architect have to do at partial possession?

Back 12

Issue to a written statement to the contractor showing the relevant part and stating relevant date

Front 13

What are the consequences of partial possession?

Back 13

For the relevant part practical completion is deemed to have occurred on the relevant date
Therefore the same consequences follow
In addition, the liquidated damages for the works / that section are reduced by the proportion that the value of the relevant part relates to the contract / section sum

Front 14

What is the rectification period?

Back 14

The contractor has an obligation to make good any defects, shrinkages or other faults that arise during this period of time

Front 15

How long is it?

Back 15

The default position is 6 months
BUT it is common to amend this to 12 months – so the building is observed in all seasons

Front 16

How can the architect get the contractor to fix the defects that arise during this period?

Back 16

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

Front 17

How quickly does the contractor have to fix the defects?

Back 17

Within a reasonable time

Front 18

Can the architect get the contractor to fix defects faster or within the Rectification Period?

Back 18

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

Front 19

What is the certificate of making good?

Back 19

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

Front 20

What are the consequences of the issue of the certificate of making good?

Back 20

The remaining retention is released

Front 21

What is a non-completion certificate?

Back 21

Issued by the architect to certify that the works / section have not been completed by the relevant completion date

Front 22

What are the consequences of a non-completion certificate?

Back 22

The employer has the right to withhold liquidated damages, as long as a withholding notice has been given

Front 23

What are the consequences of a non-completion certificate?

Back 23

Interim certificate
Practical completion / sectional completion certificate
Non completion certificate
Certification of Making Good
Final Certificate