NEC ECC: Employer use and takeover

If an employer uses part of a building prior to completion to suit a Contractor’s method of working Cl35.2., does a Take Over certificate need to be issued?

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The short answer is ‘No’.

The justification is that clause 35.2 states :"
The Employer may use any part of the works before Completion has been certified. If he does so, he takes over the part of the works when he begins to use it except if the use is

  •  to suit the Contractor’s method of working."

So from what you have said, the Employer has therefore not taken it over.

Therefore, under clause 35.3, the PM should not certify take-over.

Just to add to Jon’s correct answer, the reason why ‘take over’ is certified by the PM is that it could lead to further contractual actions and rights, including a CE under 60.1 (4), termination under 91.6, transfer of risk/liability under 80.1 and delay damages obligations under X7.