Our Contractor is about to achieve final sectional completion prior to completion of the works. The Client wants us to hold off issuing completion certificate until some defects are completed. These defects would not have an impact on the client taking possession and using the works or other contractors commencing work (it is damage to some kerbs and edgings). Is this possible under the contract or do I need to advise the Client of the terms under 11.2 and allow correction to be done in the defect rectification period? NEC4 Option A.
Sectional Completion and the overall Completion should comply with the definition of Completion in clause 11.2. To achieve Completion it should be free of defects that would prevent the Client or others from using the works. This means it does NOT have to be free of defects in order to achieve Completion. They are still obliged to correct defects after this time and you have remedies under section 4 of the contract if they do not.