Is the Clause 35.1 provision, that the Employer takes over the works within 2 weeks of Completion, merely a requirement on the Employer that he may or may not comply with or does it mean he is deemed to have taken over by the end of the 2-week period?
It is more a “deemed to have” taken over as the Employer need not physically move in. However, under clause 80.1, 4th main bullet point, when the Employer “takes over” the works, he takes liability for loss of or wear or damage to parts of the works (except as later stated in that bullet). I.e. just because he doesn’t physically take it over, doesn’t mean he can get out of being responsible for the things mentioned.