Civil Engineering Reference
In-Depth Information
198 Is the contractor entitled to a certificate of practical
completion after termination?
ThecertificateofpracticalcompletionindicatesthatthecontractWorksarealmostcomplete,
that there are no known defects and that only minor things remain to be done. When the
employment of the contractor is terminated under the contract, whether by the employer or
by the contractor, the Works will never reach practical completion under that particular con-
tract. The only way to complete the Works will be for the employer to enter into a new con-
tract with another contractor. The new contract will not be for the Works as included in the
original contract, but only for the balance of the Works.
Whenthenewcontractiscompleted,thearchitectwillissueacertificateofpracticalcom-
pletion for the Works included in the new contract. The certificate will be issued to the em-
ployer with a copy to the new contractor, and it will refer only to the balance of the original
Works. The original contractor will not receive a copy of this certificate, because it was not
concernedinthenewcontract.Norwilltheoriginalcontractorreceiveacopyofacertificate
of practical completion of the Works in the original contract, because they were never com-
pleted.
It is surprising how often architects and contractors get confused about this.
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