Completion - Revision history

Designing Buildings at 08:55, 8 December 2021

2021-12-08T08:55:48Z

← Older revision		Revision as of 08:55, 8 December 2021
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	Under other commercial contracts (i.e. those that relate to goods and services), the contract performance is not considered 'complete' until the obligations imposed by the contract have been fulfilled.		Under other commercial contracts (i.e. those that relate to goods and services), the contract performance is not considered 'complete' until the obligations imposed by the contract have been fulfilled.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	See also: Failure to complete construction works.
		+
		+	= Related articles on Designing Buildings =

	* Building completion.		* Building completion.
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	* Difference between practical completion and partial possession.		* Difference between practical completion and partial possession.
	* Early use.		* Early use.
		+	* Failure to complete construction works.
	* Handover to client.		* Handover to client.
	* Partial possession.		* Partial possession.

Designing Buildings at 09:41, 24 September 2020

2020-09-24T09:41:50Z

← Older revision		Revision as of 09:41, 24 September 2020
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	* Work-to-complete list.		* Work-to-complete list.

−	[[Category:Construction_management]] [[Category:Contracts_/_payment]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Disambiguation]]

Designing Buildings at 12:25, 14 January 2019

2019-01-14T12:25:10Z

← Older revision		Revision as of 12:25, 14 January 2019
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	Under other commercial contracts (i.e. those that relate to goods and services), the contract performance is not considered 'complete' until the obligations imposed by the contract have been fulfilled.		Under other commercial contracts (i.e. those that relate to goods and services), the contract performance is not considered 'complete' until the obligations imposed by the contract have been fulfilled.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

		+	* Building completion.
	* Certificate of non completion.		* Certificate of non completion.
	* Completion date.		* Completion date.

Editor at 16:57, 23 July 2018

2018-07-23T16:57:26Z

← Older revision		Revision as of 16:57, 23 July 2018
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	* Practical completion.		* Practical completion.
	* Sectional completion.		* Sectional completion.
		+	* Substantial completion.
	* Topping out.		* Topping out.
	* Work-to-complete list.		* Work-to-complete list.

	[[Category:Construction_management]] [[Category:Contracts_/_payment]]		[[Category:Construction_management]] [[Category:Contracts_/_payment]]

Editor at 13:01, 23 March 2018

2018-03-23T13:01:47Z

← Older revision		Revision as of 13:01, 23 March 2018
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	In effect, this marks the completion of the works. There may still be latent defects, which do not appear for some time, however, the building owner no longer has a contractual right to insist that the contractor rectifies any defects, and they must instead seek redress in an action for damages, for breach of contract, or for negligence. In the case of dwellings there is a statutory remedy provided by the Defective Premises Act 1972.		In effect, this marks the completion of the works. There may still be latent defects, which do not appear for some time, however, the building owner no longer has a contractual right to insist that the contractor rectifies any defects, and they must instead seek redress in an action for damages, for breach of contract, or for negligence. In the case of dwellings there is a statutory remedy provided by the Defective Premises Act 1972.

−	NB Sectional completion refers to a provision within construction contracts allowing different completion dates for different sections of the works. This is common on large projects that are completed in sections, allowing the client to take possession of the completed parts whilst construction continues on others. See Sectional completion for more information.	+	NB: Sectional completion refers to a provision within construction contracts allowing different completion dates for different sections of the works. This is common on large projects that are completed in sections, allowing the client to take possession of the completed parts whilst construction continues on others. See Sectional completion for more information.

	Partial possession clauses may permit the client or tenants to take possession of part of a building or site, even if the works are ongoing or there are defects that have not been rectified. See Partial possession for more information.		Partial possession clauses may permit the client or tenants to take possession of part of a building or site, even if the works are ongoing or there are defects that have not been rectified. See Partial possession for more information.
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	* Completion date.		* Completion date.
	* Difference between practical completion and partial possession.		* Difference between practical completion and partial possession.
		+	* Early use.
	* Handover to client.		* Handover to client.
	* Partial possession.		* Partial possession.

Designing Buildings at 15:06, 16 January 2018

2018-01-16T15:06:37Z

← Older revision		Revision as of 15:06, 16 January 2018
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	= Construction works =		= Construction works =

−	~~However, in~~ relation to construction, the situation is considerably more complex as 'completion' is generally not a single event but takes place in stages~~. This is because of the difficulty of ensuring that all the works described in the contract documents have been carried out as specified~~.	+	In relation to construction, the situation is considerably more complex as 'completion' is generally not a single event, but takes place in stages.

	Most construction contracts will set a date by which the works described in the contract must be completed. However, this is not the date by which all obligations under the contract have to be discharged, but only the date by which 'practical completion' must be certified.		Most construction contracts will set a date by which the works described in the contract must be completed. However, this is not the date by which all obligations under the contract have to be discharged, but only the date by which 'practical completion' must be certified.

−	~~Again, there~~ is no absolute definition of practical completion, but very broadly, practical completion is deemed to have occurred when all the construction works that are described in the contract have been carried out, and the contract administrator issues a certificate of practical completion. For more information see: Practical completion.	+	There is no absolute definition of practical completion, but very broadly, practical completion is deemed to have occurred when all the construction works that are described in the contract have been carried out, and the contract administrator issues a certificate of practical completion. For more information see: Practical completion.

−	~~There~~ is ~~then~~ a defects liability period during which the contractor may be recalled to rectify defects which appear ~~following practical completion~~. At the end of the defects liability period, the contract administrator prepares a schedule of defects, listing those defects that have not yet been rectified, and agrees with the contractor the date by which they will be rectified. When the contract administrator considers all the items on the schedule of defects have been rectified, they issue a certificate of making good defects.	+	This is followed by a defects liability period during which the contractor may be recalled to rectify defects which appear. At the end of the defects liability period, the contract administrator prepares a schedule of defects, listing those defects that have not yet been rectified, and agrees with the contractor the date by which they will be rectified. When the contract administrator considers all the items on the schedule of defects have been rectified, they issue a certificate of making good defects.

	In effect, this marks the completion of the works. There may still be latent defects, which do not appear for some time, however, the building owner no longer has a contractual right to insist that the contractor rectifies any defects, and they must instead seek redress in an action for damages, for breach of contract, or for negligence. In the case of dwellings there is a statutory remedy provided by the Defective Premises Act 1972.		In effect, this marks the completion of the works. There may still be latent defects, which do not appear for some time, however, the building owner no longer has a contractual right to insist that the contractor rectifies any defects, and they must instead seek redress in an action for damages, for breach of contract, or for negligence. In the case of dwellings there is a statutory remedy provided by the Defective Premises Act 1972.

−	Sectional completion refers to a provision within construction contracts allowing different completion dates for different sections of the works. This is common on large projects that are completed in sections, allowing the client to take possession of the completed parts whilst construction continues on others. See Sectional completion for more information.	+	NB Sectional completion refers to a provision within construction contracts allowing different completion dates for different sections of the works. This is common on large projects that are completed in sections, allowing the client to take possession of the completed parts whilst construction continues on others. See Sectional completion for more information.

	Partial possession clauses may permit the client or tenants to take possession of part of a building or site, even if the works are ongoing or there are defects that have not been rectified. See Partial possession for more information.		Partial possession clauses may permit the client or tenants to take possession of part of a building or site, even if the works are ongoing or there are defects that have not been rectified. See Partial possession for more information.

Designing Buildings at 15:04, 16 January 2018

2018-01-16T15:04:02Z

← Older revision		Revision as of 15:04, 16 January 2018
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−	The term ‘completion’ is often used in the context of buildings and construction projects, but there is no precise legal definition.	+	= Introduction =
		+
		+	The term ‘completion’ is often used in the context of buildings and construction projects, but there is no precise legal definition, and its meaning is dependent on the situation in which it is being used.
		+
		+	= Property sales =

	In the context of property, completion is the point at which the price of the property is paid and transfer documents are dated, thereby completing the final step in the legal process of transferring the ownership of property.		In the context of property, completion is the point at which the price of the property is paid and transfer documents are dated, thereby completing the final step in the legal process of transferring the ownership of property.

−	~~When~~ all the ~~construction~~ works ~~that are~~ described in the contract have been carried out~~, and are certified by the contract administrator, ‘practical completion’ has been achieved~~. Most construction contracts set a date by which the works described in the contract must be completed. ~~This~~ is not the date by which all obligations under the contract have to be discharged, but the date by which 'practical completion' must be certified.	+	= Construction works =
		+
		+	However, in relation to construction, the situation is considerably more complex as 'completion' is generally not a single event but takes place in stages. This is because of the difficulty of ensuring that all the works described in the contract documents have been carried out as specified.
		+
		+	Most construction contracts will set a date by which the works described in the contract must be completed. However, this is not the date by which all obligations under the contract have to be discharged, but only the date by which 'practical completion' must be certified.
		+
		+	Again, there is no absolute definition of practical completion, but very broadly, practical completion is deemed to have occurred when all the construction works that are described in the contract have been carried out, and the contract administrator issues a certificate of practical completion. For more information see: Practical completion.
		+
		+	There is then a defects liability period during which the contractor may be recalled to rectify defects which appear following practical completion. At the end of the defects liability period, the contract administrator prepares a schedule of defects, listing those defects that have not yet been rectified, and agrees with the contractor the date by which they will be rectified. When the contract administrator considers all the items on the schedule of defects have been rectified, they issue a certificate of making good defects.
		+
		+	In effect, this marks the completion of the works. There may still be latent defects, which do not appear for some time, however, the building owner no longer has a contractual right to insist that the contractor rectifies any defects, and they must instead seek redress in an action for damages, for breach of contract, or for negligence. In the case of dwellings there is a statutory remedy provided by the Defective Premises Act 1972.

−	This is ~~similar under commercial contracts (i.e. those~~ that ~~relate to goods and services)~~, ~~where~~ the ~~contract performance is not complete until~~ the ~~obligations imposed by the contract have been fulfilled~~. ~~This is subject to there being express provisions, such as clauses regarding sectional~~ completion ~~or partial possession~~.	+	Sectional completion refers to a provision within construction contracts allowing different completion dates for different sections of the works. This is common on large projects that are completed in sections, allowing the client to take possession of the completed parts whilst construction continues on others. See Sectional completion for more information.

−	~~The completion~~ of ~~construction projects is generally not~~ a ~~single event but takes place in stages. This is necessary to ensure that all~~ the works ~~described in the contract documents have been carried out as specified, that all appropriate payments have been made, that~~ there are no defects ~~and~~ that ~~an appropriate handover has taken place~~.	+	Partial possession clauses may permit the client or tenants to take possession of part of a building or site, even if the works are ongoing or there are defects that have not been rectified. See Partial possession for more information.

−	~~Sectional completion refers to a provision within construction~~ contracts allowing different completion dates for different sections of the works. This is common on large projects that are completed in sections, allowing the client to take possession of the completed parts whilst construction continues on others.	+	= Other commercial contracts =

−	~~Claims of unfairness can arise if there are perceived~~ to ~~be criteria for completion which are overly onerous~~, ~~such as minor remedial works which do~~ not ~~prevent occupation but nonetheless expose~~ the ~~contractor to liabilities for liquidated damages~~.	+	Under other commercial contracts (i.e. those that relate to goods and services), the contract performance is not considered 'complete' until the obligations imposed by the contract have been fulfilled.

	= Find out more =		= Find out more =

Editor: Created page with "The term ‘completion’ is often used in the context of buildings and construction projects, but there is no precise legal definition. In the context of property, completion i..."

2018-01-05T11:56:33Z

Created page with "The term ‘completion’ is often used in the context of buildings and construction projects, but there is no precise legal definition. In the context of property, completion i..."

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The term ‘completion’ is often used in the context of buildings and construction projects, but there is no precise legal definition.

In the context of property, completion is the point at which the price of the property is paid and transfer documents are dated, thereby completing the final step in the legal process of transferring the ownership of property.

When all the construction works that are described in the contract have been carried out, and are certified by the contract administrator, ‘practical completion’ has been achieved. Most construction contracts set a date by which the works described in the contract must be completed. This is not the date by which all obligations under the contract have to be discharged, but the date by which 'practical completion' must be certified.

This is similar under commercial contracts (i.e. those that relate to goods and services), where the contract performance is not complete until the obligations imposed by the contract have been fulfilled. This is subject to there being express provisions, such as clauses regarding sectional completion or partial possession.

The completion of construction projects is generally not a single event but takes place in stages. This is necessary to ensure that all the works described in the contract documents have been carried out as specified, that all appropriate payments have been made, that there are no defects and that an appropriate handover has taken place.

Sectional completion refers to a provision within construction contracts allowing different completion dates for different sections of the works. This is common on large projects that are completed in sections, allowing the client to take possession of the completed parts whilst construction continues on others.

Claims of unfairness can arise if there are perceived to be criteria for completion which are overly onerous, such as minor remedial works which do not prevent occupation but nonetheless expose the contractor to liabilities for liquidated damages.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Certificate of non completion.
* Completion date.
* Difference between practical completion and partial possession.
* Handover to client.
* Partial possession.
* Practical completion.
* Sectional completion.
* Topping out.
* Work-to-complete list.

[[Category:Construction_management]] [[Category:Contracts_/_payment]]