“Quantity Surveying BSc – Certificates 1 1# A contractor has completed the works by month eighteen of a twenty-four month contract. However, the employer is in no position to move into the new premises as he still has another six months to run on his existing lease and is unable to move his staff and equipment until month twenty-four. As a result the architect has informed the contractor that he will issue the practical completion certificate at the date of completion specified in the contract, ie. month twenty-four. In the meantime the contractor is to maintain lighting, heating and security as allowed for in his preliminaries. Discuss. 2# The main building works and majority of external works have been satisfactorily completed by 15 December which is the contract completion date. However, the landscaping and grass seeding have not yet been started, and the architect will not issue a practical completion certificate until all the works are complete. No landscaping can be carried out at present because the site is snow-covered and the ground is frozen, also the grass seeding can only take place (in accordance with the specification) during September/October or March/April. Liquidated damages are being deducted from the contractor. Discuss. 3# The Contractor has programmed his work to be completed within 18 months when the Contract documentation provided for a 24 month contract period. The Contractor is insisting that the CA provides information, drawings, etc. to ensure he can complete within the programmed period (18 months) Discuss. 4# Two weeks after the issue of the practical completion certificate it was discovered that the storm water drainage pipes on an hotel complex were unable to cope with the rainfall. The architect had miscalculated the amount of run-off from the roofs and hardstandings and had under designed the system. The architect issued the contractor with a variation order to replace the drainage system with one of a new design. The contractor has virtually wound down the site and redeployed his workforce elsewhere, and is reluctant to undertake such work at this stage. What are his obligations? 5# As the variation resulted from a fault of the architect and the practical completion certificate has already been issued, the contractor has no duty to the employer or architect to undertake this work unless he wishes to do so. When should the architect issue the schedule of defects?”

Clause 2.4 requires the contractor to complete the works on or before the official completion date, which is defined in clause 1.1. From the use of the phrase shall complete on or before the completion date entitles the contractor to complete the work earlier if he wishes to do so. In regards to whether or not a contractor is able to complete the works early, we can consider the case Glenlion Construction Ltd V. The Guinness Trust (1987). In this particular case the judge held or confirmed that, in accordance with the contract conditions, Glenlion were entitled to complete the works earlier than the contract completion date. Therefore, the fact that the contractor finished the works…(short extract)

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