On a highways scheme with several different areas of site and CD part 1 is clear and states the ‘employer will not take over the works until the completion date’. (this is now 1 year later due to CE’s).
There is no sectional completion included within the contract so my understanding is that once all the WI(big or small) has been completed without defects I can then issue Completion Certificate - i.e this being the new Completion Date.
The contractor argues that the main road and footways are now open and in use whilst other areas are being finished. Because of this, they state that a take over certificate should be given for this area of works. But my argument is CD part 1 cannot be changed and ‘the employer will not take over the works until completion.’
Am I correct? if not what mechanism do have to change this clause in the signed contract? Or am I correct in saying the employer would have to