Sorry to labour the point - but the contract appears to allow the Project Manager to Certify Completion BEFORE all of the Works are necessarily completed. Indeed, the Contractor is likely to request the certification of completion as soon as possible to limit his/her liability. It seems that only those items which will stop the Employer or Others using the work will give the PM grounds not to certify Completion.
Last Para 11.2
If the work which the Contractor is to do by the Completion Date is not stated in the Works Information, Completion is when the Contractor has done all of the work necessary for the Employer to use the works and for Others to do their work.
This suggests that there needs to be a statement in the Works Information which specifies which of the work (already specified in the Works Information) needs to be completed before Completion can be certified. Without such a statement, the contract appears to be flexible on when Completion can be certified - dependent on whether the Employer can use the work or Others can do their work.
The default does not appear to be that ALL of the works specified in the Works Information needs to be completed for Completion to be certified.
Otherwise paragraph 11.2 would read:
If the work which the Contractor is to do by the Completion Date is not stated in the Works Information, Completion is when the Contractor has done all of the work specified in the Works Information
Hence the question - Does any 'incomplete' work become a Defect at 'the Date of Completion';. i.e. Does the Supervisor notify all the 'incomplete' work as Defects at this point to start the Defect Correction Period (43.2).
Please excuse me if I'm missing something here.
Last Para 11.2
If the work which the Contractor is to do by the Completion Date is not stated in the Works Information, Completion is when the Contractor has done all of the work necessary for the Employer to use the works and for Others to do their work.
This suggests that there needs to be a statement in the Works Information which specifies which of the work (already specified in the Works Information) needs to be completed before Completion can be certified. Without such a statement, the contract appears to be flexible on when Completion can be certified - dependent on whether the Employer can use the work or Others can do their work.
The default does not appear to be that ALL of the works specified in the Works Information needs to be completed for Completion to be certified.
Otherwise paragraph 11.2 would read:
If the work which the Contractor is to do by the Completion Date is not stated in the Works Information, Completion is when the Contractor has done all of the work specified in the Works Information
Hence the question - Does any 'incomplete' work become a Defect at 'the Date of Completion';. i.e. Does the Supervisor notify all the 'incomplete' work as Defects at this point to start the Defect Correction Period (43.2).
Please excuse me if I'm missing something here.