Our contract states: "The defects date is 104 weeks after Completion of the whole of the main works. Is this taken as the Completion Date stated at the time of signing the contract or the actual Completion Date of the main works where this has been delayed, ie outside of our control?
Defects Date is triggered from when the status of Completion is achieved. You need to check to see if your definition has been altered at all by either requirements of Works information or a Z clause amendment, but in simple terms it is when the works identified in the Works Information are complete and free of defects that would prevent the Employer from using the works.
Therefore it will include any compensation events etc that have occurred, but subtly it is triggered when “Completion” is achieved which may be early or later than the Completion Date (which may have been moved due to compensation events).