Randolph Thomas, H; Smith, G R and Cummings, D J (1995) Have I reached substantial completion? Journal of Construction Engineering and Management, 121(1), pp. 121-129. ISSN 0733-9364
Abstract
This paper reviews the important issues related to determining if substantial completion of a construction project has been reached. This milestone is important because it means that the contractor is entitled to the release of retainage, less deductions for uncompleted work. Because the owner has the right to occupy and use the facility, there can be no breach of contract beyond this point in time because of late completion. Liquidated damages cannot be assessed beyond substantial completion. Equipment warranties also take effect. Four questions are addressed: Was the purpose of the project defeated? Did the owner benefit from using the project? How extensive are the defects? And, how easy are the defects to correct? Of these questions, the principle one is whether the purpose of the project was defeated. If no, or if the owner benefitted from the work, substantial completion has likely been achieved. Several examples are given.
| Item Type: | Article |
|---|---|
| Index terms: | liquidated damages, breach of contract, construction project, owner, warranty |
| Subjects: | sociology, performance measurement, production management, contractual remedy, dispute resolution |
| Topics: | Legal Issues, Quality Management, Contract Administration, Project Management, Stakeholder Management |
| Descriptive scope: | 2 PC |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here