Civil Engineering Reference
In-Depth Information
If the release would leave the employer with insufficient funds to deal with the serious de-
fect,itmaybenecessaryfortheemployertoissueapaylessnoticeinrespectoftheinterim
certificate for the cost of rectifying the defect.
It is unlikely that the contractor would refuse consent to possession, first because the
contract provides that such consent must not be unreasonably delayed or withheld, and
second because deemed practical completion starts the rectification period, bringing the
contractor'sWorksinsurancetoanendandendingtheperiodduringwhichliquidateddam-
ages can be incurred.
