The short answer is 'No'.
The justification is that clause 35.2 states :"
The Employer may use any part of the works before Completion has been certified. If he does so, he takes over the part of the works when he begins to use it except if the use is
- ...
to suit the Contractor’s method of working."
So from what you have said, the Employer has therefore not taken it over.
Therefore, under clause 35.3, the PM should not certify take-over.
The justification is that clause 35.2 states :"
The Employer may use any part of the works before Completion has been certified. If he does so, he takes over the part of the works when he begins to use it except if the use is
- ...
to suit the Contractor’s method of working."
So from what you have said, the Employer has therefore not taken it over.
Therefore, under clause 35.3, the PM should not certify take-over.
