Sectional Completion And Partial Possession

Typically if an employer knows in advance that it wants one part of the works finished ahead of the rest it should provide for sectional completion. In JCT terms the part of the site taken into possession is.

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Sectional completion or partial possession.

Sectional completion and partial possession. Sectional completion differs from partial possession in that it is pre-planned and defined in the contract documents. Most contracts include a mechanism for either pre-determined parts of the building to be handed over early sectional completion or for previously undefined areas to be handed over with the contractors consent if they are completed earlier than planned partial possession. Partial possession The client may wish to take possession of part of a building or site even if works are ongoing.

Usually the dates for possession and completion of each section are inserted into the contract as a series of dates. In short sectional completion is an obligation to meet the date for completion for just part of the works. Answer 33 Sectional Completion Partial Possession Clause 213 Clause 161 Contract agreed date No contract agreed date Decided before the signage of contract Decided during construction Architect to issue a Certificate of Sectional Completion when the sections of the Works are Practically Completed.

Partial possession often requires the agreement of the contractor but allows the employer to use part of the works for their intended purpose prior to completion. Sometimes however it is not possible to predict this need and an employer may instead elect to take partial possession of the site. Sectional completion is to the employers advantage in that it allows it to use parts of the development earlier than it could if it had to wait for the whole development to be completed because in that case the contractor would continue to have possession of and occupy the whole site until all the works were completed.

Sectional completion differs from partial possession in that it is pre-planned and defined in the contract documents. Under JCTSBCC if the. Liquidated damages and partial possession or sectional completion will not work together at all unless the contract terms specifically provide a mechanism for partial liquidated damages.

If sectional completion is. If sectional completion is required it must be an express term of the contract and reflected by the fact that there are multiple completion dates rather than just one. ANSWER SECTIONAL COMPLETION PARTIAL COMPLETION Clause 213 Clause 161 Stated in contract documents different sectional commencement date and different sectional completion date Not stated in contract documents Architect to issue the Certificate of Partial Completion within 14 days of taking partial possession of the Occupied Parts Architect to issue the Certificate of Sectional.

There may be exceptions of course such as if the employer and contractor. The date for completion of section 1 and the date for possession of section 2 will probably be separated by a week or so to allow occupants and. What is partial possession.

Whereas partial possession is an agreement to accept completion for just part of the works. 225 If at any time or times before the date of issue by the ArchitectContract Administrator of the Practical Completion Certificate or relevant Sectional Completion Certificate the Employer wishes to take possession of any part or parts of the Works or a Section and the Contractors consent has been obtained then notwithstanding anything expressed or implied elsewhere in this Contract the Employer may take possession. 7 lignes Partial possession.

A building contract may allow the employer to take partial possession of part of the works before they have been formally completed. Architect to issue a Certificate of Partial Completion within fourteen 14 Days from the. If an employer wants back part of the site before practical completion either to occupy a part of the site early or to sell off a part of it then often the contract is drafted to provide for sectional completion.

Keating on Construction Contracts at 100-006 is. It is usually agreed whilst the works are progressing. Partial possession entitles the developer with the consent of the contractor such consent is not to be unreasonably withheld or delayed under the JCT forms of contract.

One of the old conundrums arose where there were provisions for sectional completion or partial possession but no mechanism for reducing liquidated damages from the figure chosen for the whole of the Works. It is unusual save in exceptional circumstances to use both sectional completion and partial possession on a single project. This can be programmed within the original contract documents it the need can be foreseen through a requirement for sectional completion but in the absence of such a provision many contracts offer the more open-ended option of partial possession.

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