I notice in the contract that the Employer has to “take over” the works within two weeks of Completion. What are the implications of this to the Contractor? If the Completion Date is the 2nd May and they finish all the works exactly on that day and the Project Manager certifies “Completion” on 2nd May, but the Employer has no plans to move in or operate it for a further two weeks, what liability does the Contractor have for those two weeks? Particularly in terms of security, insurance and protecting the works.
Between Completion and Take Over the Contractor holds the risk of “Loss of or wear or damage to the works.” After Take Over this becomes an Employer’s risk-See clause Clause 80.1 Bullet Points 10,11,12,13 for further details.
This is not terribly clear in the contract in my view. However, I think that the Contractor is going to remain liable for security, insurance etc up until takeover unless the contract specifically provides otherwise. Completion is just a stage under the NEC where a certain set of works, in default of a particular definition when the works are suitable to be used. It is the take over part which removes the right from the contractor to enter the site and so forth.