This topic is for all questions raised on our webinar “Overview of Partial Possession and Practical Completion under JCT D&B Contract”. If you haven’t already attended it, you can sign up here Webinar - Overview of Partial Possession and Practical Completion unde | Built Intelligence
What’s it about?
The aim of this webinar is to provide an overview of the processes and principles of partial possession and practical completion, as set out in the JCT Design and Build Contract.
You will learn
By the end of this webinar you will be able to:
- Understand the ground for taking partial possession of the works and relevant case law,
- Describe when use or occupation of the site or the works by the employer can be done before practical completion under the DB16 and relevant case law, and
- Identify the definition of practical completion and procedure at practical completion under DB16
Would use as a showhouse fall under clause 2.5?
If parties have made some effort to define practical completion in the documentation (not as contract amendments to the standard form though) will courts interpret in line with their indication of what they consider “practical completion”?
What obligation does the CA have if the employer doesn’t want to issue PC?
Can you touch on the clauses that require the Contractor to produce info for the H&S file and whether this is actually a barrier to practical completion?
How does this cover the installation of furniture and equipment before PC ? what are the insurance implications? @stevencevans
Do you need Building Control final certificate before PC is achieved? @stevencevans
If the works have been taken into possession by the Employer by following the process under clause 2.3, then liability for damage rests with the Employer. On the other hand, if it is just early use under clause 2.5 , then liability for damage, depending on the cause, will be the Employer’s. Any agreement to early use under 2.5 is subject to satisfying insurance requirements.
Yes, as the provision of the Building Control final certificate is part of the Contractor’s obligations. Practical Completion can occur even if small amounts of work with minimum impact remain to be complete, but the final certificate would not fall under that category.