Difference between practical completion and partial possession - Revision history

Designing Buildings at 07:01, 6 October 2020

2020-10-06T07:01:26Z

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	* Work-to-complete list.		* Work-to-complete list.

−	[[Category:Client_procedures]] [[Category:Contracts_/_payment]] [[Category:Procurement]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Editor at 10:07, 8 May 2019

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Editor at 10:04, 8 May 2019

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	The extent to which building works have been completed and whether a client can occupy a building or not is an issue that often arises during a project. There can be pressure to occupy a building, even if the works are not complete, and this can lead to disputes if the differences in the options available are not properly understood.		The extent to which building works have been completed and whether a client can occupy a building or not is an issue that often arises during a project. There can be pressure to occupy a building, even if the works are not complete, and this can lead to disputes if the differences in the options available are not properly understood.

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	The contract administrator certifies practical completion when all the works described in the contract have been carried out. This is when, leaving aside minor items and/or snagging, the works are considered to be complete.		The contract administrator certifies practical completion when all the works described in the contract have been carried out. This is when, leaving aside minor items and/or snagging, the works are considered to be complete.

−	Once the certificate of practical completion has been issued, the client takes possession of the works for occupation. At this point the contractor no longer has exclusive possession of the site, and their obligation to insure the works and their liability for liquidated damages for delay comes to an end. Depending on the type of contract, at this point the contractor usually becomes entitled to half of the retention monies ~~(see retention)~~.	+	Once the certificate of practical completion has been issued, the client takes possession of the works for occupation. At this point the contractor no longer has exclusive possession of the site, and their obligation to insure the works and their liability for liquidated damages for delay comes to an end. Depending on the type of contract, at this point the contractor usually becomes entitled to half of the retention monies.

	Practical completion signifies the beginning of the defects liability period, during which the contractor must make good any defects that become apparent. It is important to note that the defects liability period is not a chance to correct problems apparent at practical completion, it is the period during which the contractor may be recalled to rectify defects which appear following practical completion. If there are defects apparent before practical completion, then these should be rectified before a certificate of practical completion is issued.		Practical completion signifies the beginning of the defects liability period, during which the contractor must make good any defects that become apparent. It is important to note that the defects liability period is not a chance to correct problems apparent at practical completion, it is the period during which the contractor may be recalled to rectify defects which appear following practical completion. If there are defects apparent before practical completion, then these should be rectified before a certificate of practical completion is issued.

Editor at 09:59, 8 May 2019

2019-05-08T09:59:04Z

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	The contract administrator certifies practical completion when all the works described in the contract have been carried out. This is when, leaving aside minor items and/or snagging, the works are considered to be complete.		The contract administrator certifies practical completion when all the works described in the contract have been carried out. This is when, leaving aside minor items and/or snagging, the works are considered to be complete.

−	Once the certificate of practical completion has been issued, the client takes possession of the works for occupation. At this point the contractor no longer has exclusive possession of the site, and their obligation to insure the works and their liability for liquidated damages for delay comes to an end. Depending on the type of contract, at this point the contractor usually becomes entitled to half of the retention.	+	Once the certificate of practical completion has been issued, the client takes possession of the works for occupation. At this point the contractor no longer has exclusive possession of the site, and their obligation to insure the works and their liability for liquidated damages for delay comes to an end. Depending on the type of contract, at this point the contractor usually becomes entitled to half of the retention monies (see retention).

	Practical completion signifies the beginning of the defects liability period, during which the contractor must make good any defects that become apparent. It is important to note that the defects liability period is not a chance to correct problems apparent at practical completion, it is the period during which the contractor may be recalled to rectify defects which appear following practical completion. If there are defects apparent before practical completion, then these should be rectified before a certificate of practical completion is issued.		Practical completion signifies the beginning of the defects liability period, during which the contractor must make good any defects that become apparent. It is important to note that the defects liability period is not a chance to correct problems apparent at practical completion, it is the period during which the contractor may be recalled to rectify defects which appear following practical completion. If there are defects apparent before practical completion, then these should be rectified before a certificate of practical completion is issued.

Designing Buildings at 12:25, 14 January 2019

2019-01-14T12:25:46Z

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	The contractor is not obliged to allow partial possession (although permission cannot be unreasonably withheld), and may not wish to if, for example, access routes are difficult to achieve, it would disrupt the works, or it would incur additional costs. There could also be additional difficulties if the occupants of the part that has been possessed disrupt the contractor, which could result in a claim for extension of time and/or loss and expense.		The contractor is not obliged to allow partial possession (although permission cannot be unreasonably withheld), and may not wish to if, for example, access routes are difficult to achieve, it would disrupt the works, or it would incur additional costs. There could also be additional difficulties if the occupants of the part that has been possessed disrupt the contractor, which could result in a claim for extension of time and/or loss and expense.

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

		+	* Building completion.
	* Completion.		* Completion.
	* Defects liability period.		* Defects liability period.

Editor at 16:57, 23 July 2018

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	* Sectional completion.		* Sectional completion.
	* Soft landings.		* Soft landings.
		+	* Substantial completion.
	* Work-to-complete list.		* Work-to-complete list.

	[[Category:Client_procedures]] [[Category:Contracts_/_payment]] [[Category:Procurement]]		[[Category:Client_procedures]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Editor at 13:02, 23 March 2018

2018-03-23T13:02:19Z

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	* The client is responsible for that part and should insure it.		* The client is responsible for that part and should insure it.

−	The contractor is not obliged to allow partial possession (although permission cannot be unreasonably withheld), and may not wish to, if for example access routes are difficult to achieve, it would disrupt the works, or it would incur additional costs. There could also be additional difficulties if the occupants of the part that has been possessed disrupt the contractor, which could result in a claim for extension of time and/or loss and expense.	+	The contractor is not obliged to allow partial possession (although permission cannot be unreasonably withheld), and may not wish to if, for example, access routes are difficult to achieve, it would disrupt the works, or it would incur additional costs. There could also be additional difficulties if the occupants of the part that has been possessed disrupt the contractor, which could result in a claim for extension of time and/or loss and expense.

	= Find out more =		= Find out more =
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	* Completion.		* Completion.
	* Defects liability period.		* Defects liability period.
		+	* Early use.
	* Extension of time.		* Extension of time.
	* Handover to client.		* Handover to client.

Editor at 11:57, 5 January 2018

2018-01-05T11:57:53Z

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

		+	* Completion.
	* Defects liability period.		* Defects liability period.
	* Extension of time.		* Extension of time.

Designing Buildings at 08:12, 22 December 2017

2017-12-22T08:12:09Z

← Older revision		Revision as of 08:12, 22 December 2017
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−	The extent to which building works have been completed and whether a client can occupy a building or not is an issue that often arises during a project. It can even lead to ~~dispute~~ if the differences are not properly understood.	+	The extent to which building works have been completed and whether a client can occupy a building or not is an issue that often arises during a project. There can be pressure to occupy a building, even if the works are not complete, and this can lead to disputes if the differences in the options available are not properly understood.

−	The contract administrator certifies practical completion when all the works described in the contract have been carried out. This is when, leaving aside minor items and/or snagging, the works are considered to be complete. Practical completion ~~is referred to as 'substantial completion' on some forms of contract.~~	+	== Practical completion ==

−	~~Once the certificate of~~ practical completion ~~has been issued,~~ the ~~client takes possession of~~ the ~~works for occupation~~. ~~At this point the contractor no longer has exclusive possession of the site~~, and ~~their obligation to insure~~ the works ~~and their liability for liquidated damages for delay comes~~ to ~~an end. Depending on the type of contract, at this point the contractor usually becomes entitled to part of the retention~~.	+	The contract administrator certifies practical completion when all the works described in the contract have been carried out. This is when, leaving aside minor items and/or snagging, the works are considered to be complete.

−	~~By contrast~~, ~~partial~~ possession ~~can allow~~ for the ~~client or tenants to take~~ possession of ~~part of a building or~~ site ~~as construction nears completion. This can take place even if~~ works ~~are ongoing or there are defects that have not been rectified~~.	+	Once the certificate of practical completion has been issued, the client takes possession of the works for occupation. At this point the contractor no longer has exclusive possession of the site, and their obligation to insure the works and their liability for liquidated damages for delay comes to an end. Depending on the type of contract, at this point the contractor usually becomes entitled to half of the retention.

−	~~Partial possession~~ is ~~an open-ended option~~ that can be ~~used~~ in the absence of a ~~relevant contract~~ provision.	+	Practical completion signifies the beginning of the defects liability period, during which the contractor must make good any defects that become apparent. It is important to note that the defects liability period is not a chance to correct problems apparent at practical completion, it is the period during which the contractor may be recalled to rectify defects which appear following practical completion. If there are defects apparent before practical completion, then these should be rectified before a certificate of practical completion is issued.
		+
		+	== Partial possession ==
		+
		+	The client may wish to take possession of part of a building or site, even if works are ongoing. This can be programmed within the original contract documents it the need can be foreseen through a requirement for sectional completion, but in the absence of such a provision many contracts offer the more open-ended option of partial possession.
		+
		+	The effect of partial possession is that:
		+
		+	* Any part for which partial possession is given is deemed to have achieved practical completion.
		+	* Half of the retention for that part must be released.
		+	* The defects liability period begins for that part.
		+	* Liquidated damages reduce proportionally.
		+	* The client is responsible for that part and should insure it.

	The contractor is not obliged to allow partial possession (although permission cannot be unreasonably withheld), and may not wish to, if for example access routes are difficult to achieve, it would disrupt the works, or it would incur additional costs. There could also be additional difficulties if the occupants of the part that has been possessed disrupt the contractor, which could result in a claim for extension of time and/or loss and expense.		The contractor is not obliged to allow partial possession (although permission cannot be unreasonably withheld), and may not wish to, if for example access routes are difficult to achieve, it would disrupt the works, or it would incur additional costs. There could also be additional difficulties if the occupants of the part that has been possessed disrupt the contractor, which could result in a claim for extension of time and/or loss and expense.

Editor: Created page with "The extent to which building works have been completed and whether a client can occupy a building or not is an issue that often arises during a project. It can even lead to dispu..."

2017-12-20T15:01:37Z

Created page with "The extent to which building works have been completed and whether a client can occupy a building or not is an issue that often arises during a project. It can even lead to dispu..."

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The extent to which building works have been completed and whether a client can occupy a building or not is an issue that often arises during a project. It can even lead to dispute if the differences are not properly understood.

The contract administrator certifies practical completion when all the works described in the contract have been carried out. This is when, leaving aside minor items and/or snagging, the works are considered to be complete. Practical completion is referred to as 'substantial completion' on some forms of contract.

Once the certificate of practical completion has been issued, the client takes possession of the works for occupation. At this point the contractor no longer has exclusive possession of the site, and their obligation to insure the works and their liability for liquidated damages for delay comes to an end. Depending on the type of contract, at this point the contractor usually becomes entitled to part of the retention.

By contrast, partial possession can allow for the client or tenants to take possession of part of a building or site as construction nears completion. This can take place even if works are ongoing or there are defects that have not been rectified.

Partial possession is an open-ended option that can be used in the absence of a relevant contract provision.

The contractor is not obliged to allow partial possession (although permission cannot be unreasonably withheld), and may not wish to, if for example access routes are difficult to achieve, it would disrupt the works, or it would incur additional costs. There could also be additional difficulties if the occupants of the part that has been possessed disrupt the contractor, which could result in a claim for extension of time and/or loss and expense.

= Find out more =

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

* Defects liability period.
* Extension of time.
* Handover to client.
* Partial possession.
* Possession.
* Practical completion.
* Retention.
* Sectional completion.
* Soft landings.
* Work-to-complete list.

[[Category:Client_procedures]] [[Category:Contracts_/_payment]] [[Category:Procurement]]