Webinar - Introduction to Date of Possession and Completion under JCT D&B Contract

JCT Contracts
1

This topic is for all questions raised on our webinar "Introduction to Date of Possession and Completion under JCT D&B Contract”. If you haven’t already attend it, you can sign up here:- Webinar - Introduction to Date of Possession and Completion under JCT | Built Intelligence

What’s it about?

Is your construction project suffering delays or were you late delivering your last project? You are not alone. The project team comes together to build unique buildings on sites and under circumstances that will rarely be repeated. These projects are often complex, demand high level of co-ordination, often started despite many uncertainties such as incomplete designs and ground surveys, and as a consequence, delays are common.

The aim of the webinar is to provide an introduction on the requirements for both the Date of Possession and Date of Completion, under the JCT Design and Build Contract which are key parts of the JCT Contract provisions for managing time and delay on these contracts.

You will learn
By the end of this webinar you will be able to:

  1. Describe the concept of possession, relevant case law and the possession requirements placed on contractors under JCT DB16,
  2. Understand the requirement for progress and relevant case law for JCT D&B 2016,
  3. Outline the concept of Completion and how it interfaces with liquated damages, and
  4. Define what are pre-agreed adjustments and how they are used.
    @stevencevans
2

Does possession happen at the same time as practical completion or sectional completion?

3

If you are ahead of programme, is it ok to stop works providing that the completion date is still achieved?

4

How much time is deemed reasonable for the non compliance cert to be issued to be deemed within time?

5

Surely the JCT D&B SFC includes mechanism for extending time due to reasons attributable to Employer, in what circumstances would time be at large?

6

With due respect all delays are caused by insufficient data in geology, underground utilities, ground survey data, overall topography, data of as-built environment on and around the site of development which caused the incompleteness if not faulty design. Almost all contracts are let in a hurry. Contract specification are not rigorous because they want to have the benefits of doubt which the contractors always capitalised on it to have excuses that the design requirements are not clear, ambiguity arises. From my humble experiences developers or clients are not prepared to spend money on collecting full and accurate topographical Survey Data prior to design and to construct a design 3D constructible BIM model before go to tender. During construction supervising officers and contractors are not willing to collaborate to digitally building up a 3D constructible BIM model to identify any discrepancies in the design model to avoid rework/abortive work during construction. @stevencevans

7

if the possession is delayed by 6 weeks and the Practical Completion delayed by 6 weeks . can employer issue Non completion notice for not completing on actual completion date ? @stevencevans

8

Is there any ‘Step In Rights’ (other than breach and termination of contract) that the Employer can call upon in the event of poor performance of the Contractor in meeting the completion date? @stevencevans

9

What are your thoughts on the inclusion of a programme within the Contractors Proposals? @stevencevans

10

If the Contractor fails to progress ‘regularly and diligently’ what can the Employer’s Agent do? @stevencevans