Firstly let's go back to basics, the ECC does not use the concept of substantial or practical completion as the meaning of these terms is subjective, instead it replaces them with the objective test at clause 11.2(2) which provides greater certainty for the PM to decide if Completion has been achieved or not. This should take emotion out of the equation.
For anything to become classed as a Defect (note defined term at clause 11.2(5)) it first needs to be notified as a Defect by the Supervisor (or Contractor), incomplete work does not automatically become a Defect at Completion. Also the contract at clause 42.2 requires "each Defect" to be notified separately, so no long lists please (more on this below).
There are separate obligations on the PM and Supervisor in respect of this, the PM being responsible for certifying Completion, the Supervisor for notifying Defects and issuing the Defect Certificate. It would therefore make sense for the PM and Supervisor to discuss if it would be in the Employer's best interests to certify Completion before all works are complete. Certifying completion with incomplete works carries risk for the Employer and should only be done after due consideration of the advantages and disadvantages.
If the Employer is keen to start using the works, and can do so despite the fact that certain works are not completed then his actions may demonstrate that the test at clause 11.2(2) has been passed. If the Employer only needs to start using part of the works then it would be more appropriate for the PM to deal with this as take over under clause 35.
Finally, the defect date and defect correction period are different concepts in the ECC. The defect date is a period of time after Completion of the whole of the works, so the PM's Completion certificate will trigger when this period starts and ends. The defect correction period is usually a much shorter period of time for the Contractor to correct each notified Defect and is independent of the defect date. If the Supervisor had notified the Contractor of multiple Defects at the same time using a list then it will no doubt be impossible for the Contractor to correct them all within the required time. By doing this the Supervisor would be putting the Contractor in breach of contract but would also be in breach of contract at clause 42.2 for not notifying of "each Defect" and not notifying "as soon as he finds it". To avoid this happening all parties should sit down and discuss the best way to manage the project in order that it is completed in accordance with the contract.
For anything to become classed as a Defect (note defined term at clause 11.2(5)) it first needs to be notified as a Defect by the Supervisor (or Contractor), incomplete work does not automatically become a Defect at Completion. Also the contract at clause 42.2 requires "each Defect" to be notified separately, so no long lists please (more on this below).
There are separate obligations on the PM and Supervisor in respect of this, the PM being responsible for certifying Completion, the Supervisor for notifying Defects and issuing the Defect Certificate. It would therefore make sense for the PM and Supervisor to discuss if it would be in the Employer's best interests to certify Completion before all works are complete. Certifying completion with incomplete works carries risk for the Employer and should only be done after due consideration of the advantages and disadvantages.
If the Employer is keen to start using the works, and can do so despite the fact that certain works are not completed then his actions may demonstrate that the test at clause 11.2(2) has been passed. If the Employer only needs to start using part of the works then it would be more appropriate for the PM to deal with this as take over under clause 35.
Finally, the defect date and defect correction period are different concepts in the ECC. The defect date is a period of time after Completion of the whole of the works, so the PM's Completion certificate will trigger when this period starts and ends. The defect correction period is usually a much shorter period of time for the Contractor to correct each notified Defect and is independent of the defect date. If the Supervisor had notified the Contractor of multiple Defects at the same time using a list then it will no doubt be impossible for the Contractor to correct them all within the required time. By doing this the Supervisor would be putting the Contractor in breach of contract but would also be in breach of contract at clause 42.2 for not notifying of "each Defect" and not notifying "as soon as he finds it". To avoid this happening all parties should sit down and discuss the best way to manage the project in order that it is completed in accordance with the contract.