Legal problems often arise with the completion dates of the work. There are countless legal options for lawyers who deal with construction-related issues. Therefore, anyone involved in construction should exercise caution when thinking about how to protect themselves and avoid legal problems, legal fees, and other potential expenses. Homeowners always seem to complain that construction work is never completed on time. Whether this is entirely true is certainly debatable. In all cases, contractors should take protective measures against risk and loss resulting from delays through no fault of their own. The time to design these protective measures is during the contractual negotiations and before the signing of the construction contract. In the case of tendering work, the contractor only has to analyze the owner`s completion schedules and assess their risks accordingly. In determining the terms of the contract, the Contractor should ensure that a delay relief clause is included and that the time limit for the performance of such a period is extended. NB: There may be a cascading effect when delays in one section cause delays in another section. The Contractor may then be required to pay a lump sum and damages detected for each section. Do you need help determining the essential or final completion dates of your construction project? Maybe you want an expert to review the documents to avoid long-term losses due to late claims and costly litigation? Whatever your problem, VERTEX has already dealt with it. Our competent construction experts approach every order with professionalism resulting from many years of experience.
Contact us today and let us guide you safely through the trenches of construction challenges to find a solution. One of the most common disagreements is what “completion” of the project actually means. Construction contract terms often include terms such as “final completion,” “simple completion,” or “substantial completion,” without including their definitions. Substantial completion is considered to be the completion phase during which the project can be used by the owner for its intended purpose. But even this definition is variable. The documentation that should be issued to the client when certifying the practical completion may include the following: From the above definitions, it is assumed that the essential completion will take place before the final completion. From a legal point of view, the date of the material closing between the two is considered more decisive, since the physical closing certificate triggers a number of important events and periods: the closing conditions of the contract indicate a certain period (a certain date or period) in which a contract must be concluded. This often applies to construction contracts, which may require construction to be completed within a certain number of business days or according to a construction schedule, critical path method, or other conditions.
When a project reaches this stage, the prime contractor usually wants a substantial certificate of completion from the contract management. This certification often includes a list of gaps with small items that have not yet been completed and the appropriate timeline to complete them. The owner should have a realistic timeline for completion so that they can plan their thoughtful occupancy, financing, and other considerations with respect to reasonable completion forecasts. Many construction contracts (including the American Institute of Architects terms and conditions) provide that a contractor is not entitled to an extension unless the contractor notifies the owner in writing within a specified period of time following a construction delay and requests an extension of time. There can be many legal issues associated with the completion of construction. This is a fertile area for lawyers involved in construction-related practices. Therefore, smart builders must do everything possible to protect themselves and thus avoid problems, legal fees and related expenses. Here is a short list of general terms used in connection with completion: However, the owner will also want to ensure that the contractor`s project completion time is not extended if the contractor has not specified a realistic project completion time or has not acted with caution.
In addition, the owner wants to ensure that the completion time is not extended due to problems caused by the contractor.B, such as a failure to order equipment or materials on time, or a failure to organize and plan the work appropriately. During the completion phase of the project, final completion – also known as final acceptance – is defined by the date on which the owner determines that the construction project is 100% complete, including the list of defects. This is usually the time when the contractor has met all remaining contractual conditions and requirements and asks the architect or site manager to perform the final inspection. The circumstances that triggered the request occurred prior to the completion date, and the contractor proves to the consultant`s satisfaction that the circumstance affected the entire project schedule and prevented the conclusion of the contract until the specified provisional or contract conclusion date. This author has experienced situations where the fixed completion date was in the middle of winter in the Colorado Rockies, when even a stupid landscaper didn`t install grass or plant trees under four feet of snow. Essential completion is often defined as the stage of completion during which the project can be used by the owner for its intended purpose. Certainly, an owner could use a hotel complex for its intended purpose long before landscaping work has been done. But was it the time that the owner had planned, who expected not only finished rooms, lobby and amenities, but also an aesthetically complete project that would attract the company? Essential completion is the phase at which a construction project is considered sufficiently completed to the point where the owner can use it for its intended purpose. This definition of the material degree is based on the American Institute of Architects language of the AIA A-201: General Conditions contract. Some construction professionals call this practical completion. The Contractor agrees to perform the Work without adjusting the prices for changes in the increase or decrease within a framework of twenty (20) percent of the order amount, provided that such changes are notified to the Contractor three (3) months prior to the date of completion of the Contract. No claim for delay is accepted unless the event or event delays the completion of the project beyond the closing date of the contract.