Where you have secondary option X5 and Sectional Completion Dates, whenever the contract makes reference to Completion or Completion Date, then this applies equally to the Sectional Completion Dates.
Clause 35 requires the Employer to take over the works no later than two weeks after Completion (whole of the works or Section). The PM is obliged to certify the date of take over within one week.
If the (Sectional) Completion Date has passed then it would not be a compensation event, which is also dependent upon the PM certifying take over (see clause 60.1 (15)).
If the Employer has 'beneficial use' of that part of the works then one of the issues to consider is liability as this substantially passes to the Employer upon take over. Note that this doesn't rely on take over being certified by the PM so I would keep and maintain records of such 'beneficial use'.
Note also that if delay damages apply to this Section then they will be reduced accordingly upon take over.
When you talk about 'remedies', the best remedy in nearly all situations is to fully understand the contractual actions and obligations of each role and keep and maintain appropriate records accordingly. These could at least demonstrate when works were taken over, to; reduce delay damages, transfer liability and evidence Completion.
Clause 35 requires the Employer to take over the works no later than two weeks after Completion (whole of the works or Section). The PM is obliged to certify the date of take over within one week.
If the (Sectional) Completion Date has passed then it would not be a compensation event, which is also dependent upon the PM certifying take over (see clause 60.1 (15)).
If the Employer has 'beneficial use' of that part of the works then one of the issues to consider is liability as this substantially passes to the Employer upon take over. Note that this doesn't rely on take over being certified by the PM so I would keep and maintain records of such 'beneficial use'.
Note also that if delay damages apply to this Section then they will be reduced accordingly upon take over.
When you talk about 'remedies', the best remedy in nearly all situations is to fully understand the contractual actions and obligations of each role and keep and maintain appropriate records accordingly. These could at least demonstrate when works were taken over, to; reduce delay damages, transfer liability and evidence Completion.