Can a Contractor frustrate the contractual process of arriving at Completion, by simply not completing certain aspects of the works or even not providing certain as built information required by the Works Information? Setting aside that Delay Damages might continue to be applied etc (assume it’s in the Contractor’s best interests to not achieve Completion), is the answer simply that the PM raise Defects against any unfinished elements of the works or missing handback information and then deal with these accordingly? Following this, can the PM proceed to certify Completion?
The PM can change the Works Information omitting the elements that the Contractor is refusing to provide. The Employer can then engage someone else to complete and the cost of so doing would be deducted from the sums to be paid to the Contractor.