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Completion' is the key to liquidated damages: but what is completion?

Paper number
D048

John Nestor

May 2004

A paper based on a commended entry in the Hudson Prize Competition 2003

The paper looks at the requirement that the works should have been completed on a particular date as a precursor to the recovery of liquidated damages for delay to completion. This is done in the context of practical completion under a standard form of building contract, and the paper considers what constitutes practical completion, looking at contract provisions and legal authorities. The author concludes by suggesting that a taking-over certificate would be more appropriate than a certificate of practical completion.

Introduction - Completion under the standard form - Authorities on completion - and the Architects' Job Book - Completion should be set by reference to availability - A taking-over certificate would be more appropriate.

John Nestor BSc (Hons), LLB (Hons), MICS is a senior consultant with Trett Consulting in London.

Text 12 pages

PDF file size:68k