NEC 4 Option D Early Completion

The Contractor was completed the works 2 months earlier but the Client do not want to take over the plant. As a PM, what can I suggest to the Client and what should I do for this? there is no method in the Contract Data Part 1

@chriscorr @stevencevans interesting question any thoughts?

If the Contractor has fulfilled all his obligations in the Scope and has applied for completion, you have to award it.

As a PM you are not an agent of the client you are there to administer the contract.
Refusal to grant completion without grounds, is a breach of the contract and a compensation event.
Alternatively, you should change the Scope to include the Clients desire not to issue completion before the original contract completion date. You should also notify this change as a CE

Your answer is not quite correct in that the Client’s desire to either take over before the Completion Date or not, is an optional statement and should be stated in the Contract Data part one under section 3. The PM cannot change the Contract Data and changing the Scope will not work as clause 35.1 refers only to the Contract Data.

The PM’s duty is to determine if Completion has been achieved or not by judging against the definition of of Completion at clause 11.2(2). If Completion has been achieved the PM must certify in accordance with clause 30.2 and 13.6.

If the optional statement has been completed in section 3 of CD1 and the Client has stated that they are not willing to take over before the Completion Date and if Completion is before the Comp Date, then the works remain the responsibility of the Contractor until the Comp Date, then the Client must take over. If Completion is on or after the Completion Date the Client must take over within 2 weeks as per clause 35.1.

If the optional statement does not preclude take over before the Comp Date the Client must take over within 2 weeks of Completion.

Hope that makes sense and helps?