Practical Completion. 28.1 The Contractor must give to the Owner 5 business days prior written notice of the date upon which the Contractor anticipates that the Works will reach Practical Completion. 28.2 On the date specified in that notice as the anticipated date on which the Works will reach Practical Completion, the Owner or the Owner’s Representative will inspect the Works and if satisfied that the Works have reached Practical Completion, and if the Contractor produces to the Owner satisfactory written evidence that all relevant inspections and approvals required by the Sustainable Planning Act 2009 and the Building Act 1975 and by any body having the relevant jurisdiction have been satisfactorily completed, the Contractor must: (a) complete with the Owner and sign the QBCC Form 6 - Defects Document or similar appropriate document identifying agreed and non-agreed minor defects and minor omissions, and when the Contractor will remedy the agreed matters, and give a signed copy to the Owner; and (b) give the Owner a completed and signed QBCC Form 7 - Certificate of Practical Completion stating that date as the Date of Practical Completion; and (c) hand over the Works to the Owner. 28.3 If the Owner considers that the Works have not reached Practical Completion the Owner must give the Contractor written notice of those matters which are required to be done for the Works to reach Practical Completion. The Contractor must carry out such matters as may be necessary for the Works to reach Practical Completion and must otherwise proceed in accordance with the preceding paragraph. 28.4 The issue of a Certificate of Practical Completion does not constitute approval of any work under this Contract nor does it prejudice any claim by the Owner in respect of the work under this Contract. 28.5 When the Contractor has satisfied all of its obligations under Condition 28.2 the Owner must immediately pay the Contractor the progress claim for the Practical Completion Stage (as adjusted under Condition 24, if applicable).
Appears in 4 contracts
Sources: QBCC Level 2 Renovation, Extension and Repair Contract, QBCC Level 2 Renovation, Extension and Repair Contract, QBCC Level 2 Renovation, Extension and Repair Contract
Practical Completion. 28.1 The Contractor must give to the Owner 5 business days Business Days prior written notice of the date upon which the Contractor anticipates that the Works will reach the Practical CompletionCompletion stage.
28.2 The Contractor will give the Owner written notice when it considers that the Works have reached the Practical Completion stage.
28.3 On the date specified in the notice under Condition 28.2 or within 2 Business Days after that notice as date and at a time agreed by the anticipated date on which parties (or if no time is agreed, at a time nominated by the Works will reach Practical CompletionOwner), the Owner or the Owner’s Representative will inspect the Works with the Contractor and if satisfied that the Works have reached the Practical CompletionCompletion stage, and if the Contractor produces to the Owner satisfactory written evidence that all relevant inspections and approvals required by the Sustainable Planning Act 2009 2016 and the Building Act 1975 and by any body having the relevant jurisdiction have been satisfactorily completed, the Contractor must:
(a) complete with the Owner and sign the QBCC Form 6 - Defects Document or similar appropriate document identifying agreed and non-agreed minor defects and minor omissionsomissions that will not unreasonably affect occupation, and when the Contractor will remedy the agreed matters, and give a signed copy to the Owner; and
(b) give the Owner a completed and signed QBCC Form 7 - Certificate of Practical Completion stating that date as the Date of Practical Completion; and
(c) hand over the Works to the OwnerOwner in exchange for payment in accordance with Condition 28.6.
28.3 28.4 If the Owner Owner, acting reasonably, considers that the Works have not reached the Practical Completion stage the Owner must give the Contractor written notice of those matters which are required to be done for the Works to reach Practical Completion. The Contractor must carry out such matters as may be necessary for the Works to reach Practical Completion and must otherwise proceed in accordance with the preceding paragraphCondition 28.3.
28.4 28.5 The issue of a Certificate of Practical Completion does not constitute approval of any work under this Contract nor does it prejudice any claim by the Owner in respect of the work under this Contract.
28.5 28.6 When the Contractor has satisfied all of its obligations under Condition 28.2 28.3 the Owner must immediately pay the Contractor the progress claim for the Practical Completion Stage (as adjusted under Condition 24, if applicable).
28.7 The Contractor must rectify the agreed minor defects and minor omissions by the time stated in the document referred to in Condition 28.3(a) subject to the Owner giving the Contractor reasonable access to the Site for that purpose.
Appears in 4 contracts
Sources: QBCC Level 2 Renovation, Extension and Repair Contract, QBCC Level 2 Renovation, Extension and Repair Contract, QBCC Level 2 Renovation, Extension and Repair Contract
Practical Completion. 28.1 22.1 The Contractor must give to the Owner 5 business days prior written notice of the date upon which the Contractor anticipates that the Works Contract Work will reach Practical Completion.
28.2 22.2 On the date specified in that notice as the anticipated date on which the Works Contract Work will reach Practical Completion, the Owner or the Owner’s Representative authorised representative will inspect the Works Contract Work and if satisfied that the Works have Contract Work has reached Practical Completion, and if the Contractor produces to the Owner satisfactory written evidence that all relevant inspections and approvals required by the Sustainable Planning Act 2009 and the Building Act 1975 and by any body having the relevant jurisdiction have been satisfactorily completed, the Contractor must:
(a) complete compile with the Owner Owner, or the Owner’s authorised representative, and sign the QBCC Form 6 5 - Defects Document or similar appropriate document identifying agreed and non-agreed minor defects and minor omissions, and when the Contractor will remedy the agreed matters, and give a signed copy to the Owner; and
(b) give the Owner a completed and signed QBCC Form 7 - Certificate of Practical Completion stating that date as the Date of Practical Completion; and
(c) hand over the Works Contract Work to the Owner.
28.3 22.3 If the Owner considers that the Works have Contract Work has not reached Practical Completion the Owner must as soon as practicable give the Contractor written notice of those matters which are required to be done for the Works Contract Work to reach Practical Completion. The Contractor must carry out such matters as may be necessary for the Works Contract Work to reach Practical Completion and must otherwise proceed in accordance with the preceding paragraph.
28.4 The issue of a Certificate of Practical Completion does not constitute approval of any work under this Contract nor does it prejudice any claim by the Owner in respect of the work under this Contract.
28.5 22.4 When the Contractor has satisfied all of its obligations under Condition 28.2 22.2 the Owner must immediately pay the Contractor the progress claim for the Practical Completion Stage (as adjusted under Condition 2418, if applicable).
Appears in 4 contracts
Sources: QBCC Level 1 Renovation, Extension and Repair Contract, QBCC Level 1 Renovation, Extension and Repair Contract, QBCC Level 1 Renovation, Extension and Repair Contract
Practical Completion. 28.1 The Contractor must give to the Owner 5 3 business days prior written notice of the date upon which the Contractor anticipates that the Works will reach Practical Completion.
28.2 On the date specified in that notice as the anticipated date on which the Works will reach Practical Completion, the Owner or the Owner’s Representative will inspect the Works and if satisfied that the Works have reached Practical Completion, and if the Contractor produces to the Owner satisfactory written evidence that all relevant inspections and approvals required by the Sustainable Planning Act 2009 and the Building Act 1975 and by any body having the relevant jurisdiction have been satisfactorily completed, the Contractor must:
(a) complete with the Owner and sign the QBCC Form 6 - Defects Document or similar appropriate document identifying agreed and non-agreed minor defects and minor omissions, and when the Contractor will remedy the agreed matters, and give a signed copy to the Owner; and
(b) give the Owner a completed and signed QBCC Form 7 - Certificate of Practical Completion stating that date as the Date of Practical Completion; and
(c) hand over the Works to the Owner.
28.3 If the Owner considers that the Works have not reached Practical Completion the Owner must give the Contractor written notice of those matters which are required to be done for the Works to reach Practical Completion. The Contractor must carry out such matters as may be necessary for the Works to reach Practical Completion and must otherwise proceed in accordance with the preceding paragraph.
28.4 The issue of a Certificate of Practical Completion does not constitute approval of any work under this Contract nor does it prejudice any claim by the Owner in respect of the work under this Contract.
28.5 When the Contractor has satisfied all of its obligations under Condition 28.2 the Owner must immediately pay the Contractor the progress claim for the Practical Completion Stage (as adjusted under Condition 24, if applicable).
Appears in 1 contract
Sources: QBCC Level 2 Renovation, Extension and Repair Contract
Practical Completion. 28.1 6.1 The Contractor must give Landlord shall procure that the Tenant and the Tenant’s Representative are given not less than ten working days’ written notice of any inspection and as much notice as reasonably practicable of any re-inspection of the Landlord’s Works and/or External Works with a view to the Owner 5 business days issue of any certificate or statement of practical completion pursuant to the Building Contract or the External Works Contract and the Tenant and/or any of the Tenant’s advisers shall be entitled to inspect the Landlord’s Works and the External Works and shall be entitled prior to the actual issue of such certificates or statements (as the case may be) to make representations to the Landlord. The Landlord shall ensure that the Employer’s Agent has due regard to such representations but the Employer’s Agent’s independent discretion in the issue of the certificate or statement of practical completion shall not be fettered by such representations.
6.2 Without prejudice to clause 6.1, the Landlord shall procure that no certificate or statement of Practical Completion is issued until
6.2.1 The Landlord’s Works or the External Works as the case may be have achieved Practical Completion;
6.2.2 (in respect of the Landlord’s Works) the external envelope and weathershield of the Premises including all glazing is completed;
6.2.3 (in respect of the Landlord’s Works) the lifts (if any) serving the Premises are fully operational, in accordance with the Building Contract and the Requisite Permissions and all testing and commissioning has been carried out and all necessary keys have been provided to the Tenant;
6.2.4 the Premises are clean and free of all rubbish and any presence of the Contractor and the External Works Contractor as the case may be, their representatives, materials and equipment;
6.2.5 all Requisite Permissions have been obtained and all testing and commissioning in relation to the Premises has been carried out, witnessed and completed.
6.3 The Landlord shall forthwith following the issue of any certificate or statement of practical completion pursuant to the Building Contract or the External Works Contract serve a copy on the Tenant.
6.4 Not later than ten working days’ prior to the anticipated completion of the Snagging Works, the Outstanding Works and/or the Security Package works (as the case may be) the Landlord shall procure that the Tenant and the Tenant’s Representative are given written notice of the anticipated date upon of completion of the relevant works.
6.5 On or before such anticipated date of completion notified pursuant to clause 6.4, the Tenant and/or any of the Tenant’s advisers shall be entitled to inspect the Snagging Works, the Outstanding Works and/or the Security Package works, as the case may be. The Tenant and the Tenant’s advisers shall be entitled to make representations in relation to such Snagging Works, Outstanding Works and/or the Security Package works to which the Contractor anticipates that Landlord shall ensure the Works will reach Practical Completionperson responsible for accepting completion of such works has due regard (but shall not be bound by).
28.2 On 6.6 Following Practical Completion of the date specified in that notice as Landlord’s Works the anticipated date on which the Works will reach Practical Completion, the Owner or the Owner’s Representative will inspect the Works and if satisfied that the Works have reached Practical Completion, and if the Contractor produces to the Owner satisfactory written evidence that all relevant inspections and approvals required by the Sustainable Planning Act 2009 and the Building Act 1975 and by any body having the relevant jurisdiction have been satisfactorily completed, the Contractor mustLandlord will:
6.6.1 perform and observe clause 5.4 of the Lease as if it were set out in full in this agreement (a) complete with the Owner and sign the QBCC Form 6 - Defects Document or similar appropriate document identifying agreed and non-agreed minor defects and minor omissions, and when the Contractor will remedy the agreed matters, and give a signed copy to the Ownermutatis mutandis); and
(b) give the Owner a completed and signed QBCC Form 7 - Certificate of Practical Completion stating that date as the Date of Practical Completion; and
(c) hand over the Works 6.6.2 allow Guildford Borough Council access to the Owner.
28.3 If the Owner considers that the Works have not reached Practical Completion the Owner must give the Contractor written notice of those matters which are required Premises to be done for the Works to reach Practical Completion. The Contractor must carry out such matters as may be necessary for the Works to reach Practical Completion works described in the notices by letter served on the Landlord and must otherwise proceed in accordance with dated the preceding paragraph6th and 14th September 2005.
28.4 The issue of a Certificate of Practical Completion does not constitute approval of any work under this Contract nor does it prejudice any claim by the Owner in respect of the work under this Contract.
28.5 When the Contractor has satisfied all of its obligations under Condition 28.2 the Owner must immediately pay the Contractor the progress claim for the Practical Completion Stage (as adjusted under Condition 24, if applicable).
Appears in 1 contract
Practical Completion. 28.1 11.1 The Contractor must give to the Owner 5 business days prior written notice of the date upon which the Contractor anticipates that the Works will reach Practical Completion.
28.2 On the date specified in that notice as the anticipated date on which the Works will reach Practical Completion, the Owner or the Owner’s Representative will inspect the Works and if satisfied that the Works have reached Practical Completion, and if the Contractor produces to the Owner satisfactory written evidence that all relevant inspections and approvals required by the Sustainable Planning Act 2009 and the Building Act 1975 and by any body having the relevant jurisdiction have been satisfactorily completed, the Contractor mustDeveloper shall procure that:
(a) complete with the Owner and sign the QBCC Form 6 - Defects Document or similar appropriate document identifying agreed and non-agreed minor defects and minor omissions, and when the Contractor will remedy the agreed matters, and give a signed copy Employer's Agent gives at least 10 Working Days' notice to the Owner's Representative of its intention to inspect the Development for the purposes of issuing the Certificate of Practical Completion. The Owner’s Representative may attend the inspection and make representations to the Developer; and
(b) give without fettering the Owner a completed and signed QBCC Form 7 - discretion of the Employer's Agent in carrying out its duties under the Building Contract, the Employer's Agent takes proper consideration of any representations that are made when considering whether to issue the Certificate of Practical Completion stating in accordance with the terms of the Building Contract.
11.2 The Developer shall ensure that date as the Date Employer's Agent gives a copy of the Certificate of Practical CompletionCompletion to the Owner immediately after its issue, together with a copy of any accompanying snagging list.
11.3 If the Owner believes that the Employer's Agent's decision to issue a Certificate of Practical Completion is incorrect or that the certificate ought to have been qualified, the Owner may notify the Developer within 21 Working Days giving details of the Owner's objections. The Owner and Developer shall use their reasonable endeavours to agree what action should be taken, but if they cannot agree then either party may refer the matters they have been unable to agree to arbitration in accordance with clause 19. The Developer shall take whatever action, if any, which may be agreed with the Owner or is required by the arbitrator.
11.4 The Developer shall within 30 days after the Practical Completion Date:
(a) deliver to the Owner the Approved Documents, the Requisite Consents, Construction Phase Plan, the Health and Safety File and two sets of as-built drawings;
(b) to the extent that copyright licences have not already been granted in accordance with clause 4.6 or clause 5.4, procure the grant or assignment to the Owner of a copyright licence in the same terms as set out in clause 4.6 and clause 5.4 in respect of the designs and documents referred to above in clause 11.4(a); and
(c) hand over the Works take any other steps required to the Owner.
28.3 If ensure the Owner considers that has the Works have not reached Practical Completion rights to use the Owner must give the Contractor written notice of those matters which are required documents referred to be done for the Works above in clause 11.4(a) without payment to reach Practical Completion. The Contractor must carry out such matters as may be necessary for the Works to reach Practical Completion and must otherwise proceed in accordance with the preceding paragraphany person.
28.4 The issue of a Certificate of Practical Completion does not constitute approval of any work under this Contract nor does it prejudice any claim by the Owner in respect of the work under this Contract.
28.5 When the Contractor has satisfied all of its obligations under Condition 28.2 the Owner must immediately pay the Contractor the progress claim for the Practical Completion Stage (as adjusted under Condition 24, if applicable).
Appears in 1 contract
Sources: Development Agreement
Practical Completion. 28.1 When the Supplier considers that Practical Completion has been achieved, it shall notify the Customer and the parties shall jointly inspect the Works within 5 Business days of such notice. If Practical Completion has been achieved the Customer will notify the Supplier within 5 Business Days of the inspection nominating the date on which Practical Completion was achieved. If Practical Completion has not been achieved the Customer will notify the Supplier within 5 Business Days of the inspection of the matters that need to be completed before Practical Completion will be achieved. When the Supplier has completed those items this clause 15.5 shall re-apply. Notwithstanding that the Supplier has not given notice under clause 15.5(a), the Customer can issue a notice nominating that date on which Practical Completion has been achieved. The Contractor must give to Customer shall extend the Owner 5 business days prior Date for Practical Completion of the Works where: in its reasonable opinion, the Works have been delayed as a result of a breach of the Supply Contract by the Customer or wilful acts or omissions of the Customer, its Personnel or agents or as a result of an Event; the Supplier has provided the Customer with written notice of the date upon which delay within 5 Business Days of becoming aware of the Contractor anticipates cause of the delay arising; and the Supplier has taken all reasonable steps to avoid the delay and to minimise its effects. The Supplier will only be entitled to an extension of time if it has complied with clause 15.6(a). Notwithstanding that the Works will reach Practical Completion.
28.2 On the date specified in that notice as the anticipated date on which the Works will reach Practical CompletionSupplier has not asked for an extension of time or complied with clause 15.6(a), the Owner or the Owner’s Representative will inspect the Works Customer may, in its sole discretion, at any time and if satisfied that the Works have reached Practical Completionfrom time to time and for any reason, and if the Contractor produces to the Owner satisfactory written evidence that all relevant inspections and approvals required by the Sustainable Planning Act 2009 and the Building Act 1975 and by any body having the relevant jurisdiction have been satisfactorily completed, the Contractor must:
(a) complete with the Owner and sign the QBCC Form 6 - Defects Document or similar appropriate document identifying agreed and non-agreed minor defects and minor omissions, and when the Contractor will remedy the agreed matters, and give a signed copy to the Owner; and
(b) give the Owner a completed and signed QBCC Form 7 - Certificate of Practical Completion stating that date as extend the Date of Practical Completion; and
(c) hand over the Works to the Owner.
28.3 If the Owner considers that the Works have not reached Practical Completion the Owner must give the Contractor written notice of those matters which are required to be done for the Works to reach Practical Completion. The Contractor must carry out such matters as may be necessary In exercising the discretion in clause 15.6(c), the Customer is not required to exercise its discretion for the Works benefit of the Supplier. The rights of the Supplier to reach Practical Completion and must otherwise proceed in accordance with the preceding paragraph.
28.4 The issue an extension of a Certificate of Practical Completion does not constitute approval of any work time under this Contract nor does it prejudice any claim by clause 15.6 is the Owner in respect only entitlement of the work under this ContractSupplier arising out of or in connection with delay to the Works.
28.5 When the Contractor has satisfied all of its obligations under Condition 28.2 the Owner must immediately pay the Contractor the progress claim for the Practical Completion Stage (as adjusted under Condition 24, if applicable).
Appears in 1 contract
Sources: Master Supply Agreement
Practical Completion. 28.1 The Contractor 23.1 Practical Completion is determined solely by CANVALE and will be at the stage when the Works are completed except for any omissions or defects which do not prevent the Works from being reasonably capable of being used for their intended purpose by the Client. All invoices must give be paid prior to the Owner 5 business date of Practical Completion except for the “Final Completion” invoice.
23.2 Within 7 days prior written after Practical Completion the Client shall give CANVALE notice in writing, of the date upon those matters and things (if any) which the Contractor anticipates that the Works will reach Practical Completion.
28.2 On the date specified in that notice as the anticipated date on which the Works will reach Practical Completion, the Owner or the Owner’s Representative will inspect the Works and if satisfied that the Works have reached Practical Completion, and if the Contractor produces to the Owner satisfactory written evidence that all relevant inspections and approvals Client considers are required by the Sustainable Planning Act 2009 and the Building Act 1975 and by any body having the relevant jurisdiction have been satisfactorily completed, the Contractor must:
(a) complete with the Owner and sign the QBCC Form 6 - Defects Document or similar appropriate document identifying agreed and non-agreed minor defects and minor omissions, and when the Contractor will remedy the agreed matters, and give a signed copy to the Owner; and
(b) give the Owner a completed and signed QBCC Form 7 - Certificate of Practical Completion stating that date as the Date of Practical Completion; and
(c) hand over the Works to the Owner.
28.3 If the Owner considers that the Works have not reached Practical Completion the Owner must give the Contractor written notice of those matters which are required Contract to be done for Final Completion. CANVALE shall give notice in writing within 10 days of any dispute in relation to this notice.
23.3 In the event that the Client does not give any written notice within the time specified in paragraph 22.2, the Works shall be deemed to reach have reached final completion pursuant to the provisions of paragraph 22.1.
23.4 The Client is not authorized to take possession or occupancy of the Site unless all outstanding invoices including Practical CompletionCompletion Invoice has been paid. The Contractor must carry out such matters as Any possession or occupancy of the site by the Client without the approval from Canvale will be deemed to be breach of contract.
23.5 Canvale reserves the right to with-hold all Documentation and Regulatory Approvals unless all outstanding invoices including the Final Completion and all Variation Invoices have been paid. This documentation may be necessary for include (but is not limited to) O&M Manuals, Certifications, As-Built Documentation, Occupancy Certificates and Regulatory Body Approvals and Certifications
23.6 Should the Client or any tenant of his or their employees or agents take possession of the Works to reach Practical Completion and must otherwise proceed in accordance with or any part thereof, or occupy the preceding paragraph.
28.4 The issue of a Certificate space or part thereof, the date of Practical Completion does not constitute approval shall be the date possession/occupation has taken place, unless Practical Completion already has been reached having regard to the provisions of any work under this Contract nor does it prejudice any claim by Clause.
23.7 The Works shall be at the Owner in respect risk of the work under this Contract.
28.5 When the Contractor has satisfied Client in all of its obligations under Condition 28.2 the Owner must immediately pay the Contractor the progress claim for the respects upon Practical Completion Stage (as adjusted under Condition 24, if applicable).Completion
Appears in 1 contract
Sources: Contract
Practical Completion. 28.1 4.2.12.1 The Contractor must shall give to the Owner 5 business Engineering Manager fourteen (14) days prior written notice in writing of the date upon which the Contractor anticipates that Practical Completion will be reached. At the Works commencement of the fourteen (14) day period, the Contractor shall arrange with the Area Manager and any technical advisers to the Area Manager (such as electrical and mechanical inspectors) a preliminary inspection of the Work. The purpose of this inspection will reach be to prepare a provisional list of items requiring attention prior to Practical Completion. The Area Manager may add to this list as any other items become apparent prior to the Contractor applying for Practical Completion.
28.2 On 4.2.12.2 The purpose of these provisional lists is to assist the date specified in that notice as Contractor, but they shall not substitute for the anticipated date on Contractor’s own quality control, nor shall they replace the Practical Completion inspection by the Engineering Manager from which the Works will reach Practical Completion, the Owner or the Owner’s Representative will inspect the Works and if satisfied that the Works have reached Practical Completion, and if additional items may result.
4.2.12.3 When the Contractor produces to is of the Owner satisfactory written evidence opinion that all relevant inspections and approvals required by the Sustainable Planning Act 2009 and the Building Act 1975 and by any body having the relevant jurisdiction have Practical Completion has been satisfactorily completedreached, the Contractor must:
shall request, in writing, the Engineering Manager to issue a Certificate of Practical Completion. Within fourteen (a14) complete with days of the Owner and sign receipt of the QBCC Form 6 - Defects Document or similar appropriate document identifying agreed and non-agreed minor defects and minor omissionsrequest, and when the Engineering Manager shall give to the Contractor will remedy the agreed matters, and give a signed copy to the Owner; and
(b) give the Owner a completed and signed QBCC Form 7 - Certificate of Practical Completion as per Appendix 5/M, stating that the date as the Date of Practical Completion; and
(c) hand over , or shall give the Works Contractor, in writing, the reasons for not issuing the certificate and detailing any matter which the Contractor should attend to before re-applying to the OwnerEngineering Manager for the issue of a Certificate of Practical Completion in the same manner as the original application.
28.3 If the Owner considers that the Works have not reached Practical Completion the Owner must give the Contractor written notice of those matters which are required to be done for the Works to reach Practical Completion. The Contractor must carry out such matters as may be necessary for the Works to reach Practical Completion and must otherwise proceed in accordance with the preceding paragraph.
28.4 4.2.12.4 The issue of a Certificate of Practical Completion does issued pursuant to this Clause, shall not constitute approval of any work under this Contract nor does it prejudice any claim by the Owner Work or other matter in respect of which it is issued, nor shall it be taken as an admission by LGL of the work under this due performance of the Contract.
28.5 When , or any part thereof, or of the accuracy of any Claim or demand made by the Contractor, or of additional or varied Work having been ordered by LGL, nor shall any such Certificate negate or prejudice any of the rights or remedies of LGL. Following the issue of the Certificate of Practical Completion, the Contractor has satisfied all of its obligations under Condition 28.2 the Owner must immediately pay the Contractor the progress shall be entitled to claim a Progress Payment pursuant to Clause 4.2.6 for the full value of Work executed, which payment shall not be subject to the hold back. LGL however may, at its absolute discretion, hold back an amount sufficient to cover the full costs of any minor defects or omissions existing at the stage of Practical Completion Stage (Completion, until all such items are rectified. LGL may also, at its absolute discretion, allow a reduction in the amount of security held pursuant to Clause 4.1.6. However, LGL shall not be under any obligation to allow such reduction, as adjusted under Condition 24the intent of such security is that it should be held, if applicable)in full, until Contract Completion.
Appears in 1 contract
Practical Completion. 28.1 The Contractor must give to the Owner 5 3 business days prior written notice of the date upon which the Contractor anticipates that the Works Contract Work will reach Practical Completion.
28.2 . On the date specified in that notice as the anticipated date on which the Works Contract Work will reach Practical Completion, the Owner or the Owner’s Representative authorised representative will inspect the Works Contract Work and if satisfied that the Works have Contract Work has reached Practical Completion, and if the Contractor produces to the Owner satisfactory written evidence that all relevant inspections and approvals required by the Sustainable Planning Act 2009 and the Building Act 1975 and by any body having the relevant jurisdiction have been satisfactorily completed, the Contractor must:
(a) complete compile with the Owner Owner, or the Owner’s authorised representative, and sign the QBCC Form 6 5 - Defects Document or similar appropriate document identifying agreed and non-agreed minor defects and minor omissions, and when the Contractor will remedy the agreed matters, and give a signed copy to the Owner; and
(b) give the Owner a completed and signed QBCC Form 7 - Certificate of Practical Completion stating that date as the Date of Practical Completion; and
(c) hand over handover the Works Contract Work to the Owner.
28.3 . If the Owner considers that the Works have Contract Work has not reached Practical Completion Completion, the Owner must give the Contractor written notice of those matters which are required to be done for the Works Contract Work to reach Practical Completion. The Contractor must carry out such matters as may be necessary for the Works Contract Work to reach Practical Completion and must otherwise proceed in accordance with the preceding paragraph.
28.4 . The issue of a Certificate of Practical Completion does not constitute approval of any work under this the Contract Work nor does it prejudice any claim by the Owner in respect of the work under this Contract.
28.5 Contract Work. When the Contractor has satisfied all of its obligations under Condition 28.2 15 the Owner must immediately pay the Contractor the progress claim for the Practical Completion Stage (as adjusted under Condition 2416, if applicable).
Appears in 1 contract
Sources: Natural Disaster Repairs Contract
Practical Completion. 28.1 8.1 The Contractor must date of Practical Completion of the Facility shall be as set out in the Milestones which the Generator shall achieve and, for the avoidance of doubt, shall be deemed to be the date that the Facility is ready to commence Commissioning Tests.
8.2 The Engineer shall give to the Owner 5 business days prior written Representative five Business Days notice of his intention to issue the date upon which the Contractor anticipates that the Works will reach Practical Completion.
28.2 On the date specified in that notice as the anticipated date on which the Works will reach Practical Completion, the Owner or the Owner’s Representative will inspect the Works and if satisfied that the Works have reached Practical Completion, and if the Contractor produces to the Owner satisfactory written evidence that all relevant inspections and approvals required by the Sustainable Planning Act 2009 and the Building Act 1975 and by any body having the relevant jurisdiction have been satisfactorily completed, the Contractor must:
(a) complete with the Owner and sign the QBCC Form 6 - Defects Document or similar appropriate document identifying agreed and non-agreed minor defects and minor omissions, and when the Contractor will remedy the agreed matters, and give a signed copy to the Owner; and
(b) give the Owner a completed and signed QBCC Form 7 - Certificate of Practical Completion stating of the Facility.
8.3 The Generator, through the EPC Contractor, will be responsible for carrying out all tests to prove that date as the Date of Practical Completion; and
(c) hand over Facility has been constructed in accordance with the Works design to the Owner.
28.3 If Facility and the Owner considers Specifications. The Generator shall procure that the Works have not reached Practical Completion the Owner must give the EPC Contractor written notice of those matters which are required to be done engaged for the construction of the Transmission Station Compound Works will carry out tests to reach ensure that the same is constructed in accordance with its design and Specifications. The Representative, shall accompany the Engineer on his inspection of the Project prior to the issue of the Certificate of Practical Completion. The Contractor must carry out such matters as may be necessary Engineer shall make available for inspection all test results that confirm that the Works to reach Practical Completion and must otherwise proceed Facility has been constructed in accordance with the preceding paragraph.
28.4 The issue of a design and Specifications If the Representative shall determine that the Certificate of Practical Completion does should not constitute approval issue, he shall inform the Engineer and set out his reasons therefor in writing and the works required to be undertaken to permit the Certificate of Practical Completion to issue. The Generator shall immediately undertake the outstanding work required to comply with the requirements of the Representative. Upon their completion, the provisions of this clause 8.3 shall be repeated.
8.4 Until Practical Completion occurs, no Commissioning shall take place.
8.5 The Generator shall furnish to CER, and ESBNG on Practical Completion:
8.5.1 a copy of all construction and test certificates that confirm that the Facility has been constructed in accordance with the design and the Specifications;
8.5.2 a certified copy of the Certificate of Practical Completion and any work under this Contract nor does it prejudice Quality Control Certificates required by any claim of the Relevant Agreements;
8.5.3 certified copy of Commencement Notices and any other notices required to be served on any Competent Authority, where required.
8.5.4 if not already furnished all licences (including the Planning and Environmental Consents) required by any Competent Authority for the construction and operation of the Facility; and,
8.5.5 such further documentation and certificates as may be required by the Owner in respect of Grid Code, the work under this ContractConnection Agreement or Legal Requirements.
28.5 When the Contractor has satisfied all of its obligations under Condition 28.2 the Owner must immediately pay the Contractor the progress claim for the Practical Completion Stage (as adjusted under Condition 24, if applicable).
Appears in 1 contract
Sources: Commission Agreement
Practical Completion. 28.1 18.1 The Contractor must will give to the Owner 5 business days prior written University’s Contract Manager at least 14 days’ notice that Practical Completion of the date upon which the Contractor anticipates that the Works will reach Practical Completionor a Separable Portion is likely to occur.
28.2 On the date specified in that notice as the anticipated date on which the Works will reach Practical Completion, the Owner or the Owner18.2 The University’s Representative Contract Manager will inspect the Works and may issue a Practical Completion Certificate if satisfied it believes that Practical Completion has been achieved. If the Works have reached University’s Contract Manager does not believe Practical CompletionCompletion has been achieved, and if the University’s Contract Manager must advise the Contractor produces to in writing of the Owner satisfactory written evidence that all relevant inspections and approvals required by reasons why the Sustainable Planning Act 2009 University’s Contract Manager will not issue a Practical Completion Certificate and the Building Act 1975 Contractor must continue to carry out and by any body having complete the relevant jurisdiction have been satisfactorily completedWorks.
18.3 Within one month of Practical Completion of the Works, the Contractor must:
(a) complete with all commissioning of plant and equipment and include all relevant commissioning data in the Owner operations and sign the QBCC Form 6 - Defects Document or similar appropriate document identifying agreed and non-agreed minor defects and minor omissions, and when the Contractor will remedy the agreed matters, and give a signed copy maintenance manuals which was not required to the Ownerbe provided at Practical Completion; and
(b) give provide all approvals by authorities and operations and maintenance manuals necessary for the Owner a completed and signed QBCC Form 7 - Certificate University’s use of Practical Completion stating that date as the Date of Works which were not issued, or required under the Contract to be provided before or at Practical Completion; and
(c) hand over obtain and give to the University’s Contract Manager, in a form acceptable to the University’s Contract Manager:
(i) subcontractors’ certificates of compliance for the Works;
(ii) a completed Notification of Practical Completion and Handover together with any documentation required to be provided with the Notification of Practical Completion and Handover;
(iii) a completed Project Quality Control Checklist together with any documentation required to be provided with the Project Quality Control Checklist; and
(iv) as-built drawings.
18.4 The Defects Liability Period stated in Item 15 of Attachment 1 shall commence at 4.00pm on the date of Practical Completion.
18.5 The Contractor must, during the Defects Liability Period:
(a) promptly remedy any defect or omission in the Works; and
(b) any other failure of the Works to comply with this Contract, whether arising before or during the OwnerDefects Liability Period.
28.3 18.6 If the Owner considers that the Works have not reached Practical Completion the Owner must give the Contractor written notice of those matters which are fails to rectify any defect or omission as required to be done for the Works to reach Practical Completion. The Contractor must carry out such matters as may be necessary for the Works to reach Practical Completion and must otherwise proceed in accordance with the preceding paragraph.
28.4 The issue of a Certificate of Practical Completion does not constitute approval of any work under this Contract nor does it prejudice any claim by the Owner in respect of University’s Contract Manager the work under this ContractUniversity may rectify the defect at the Contractor’s cost.
28.5 When the Contractor has satisfied all of its obligations under Condition 28.2 the Owner must immediately pay the Contractor the progress claim for the Practical Completion Stage (as adjusted under Condition 24, if applicable).
Appears in 1 contract
Sources: Minor Works Contract
Practical Completion. 28.1 The Contractor must give to the Owner 5 business days prior written notice of the date upon which the Contractor anticipates that the Works will reach Practical Completion.
28.2 On the date specified in that notice as the anticipated date on which the Works will reach Practical Completion, the Owner or the Owner’s Representative will inspect the Works and if satisfied that the Works have reached Practical Completion, and if the Contractor produces to the Owner satisfactory written evidence that all relevant inspections and approvals required by the Sustainable Planning Act 2009 and the Building Act 1975 and by any body having the relevant jurisdiction have been satisfactorily completed, the Contractor must:
(a) complete with the Owner and sign the QBCC Form 6 - Defects Document or similar appropriate document identifying agreed and non-agreed minor defects and minor omissions, and when the Contractor will remedy the agreed matters, and give a signed copy to the Owner; and
(b) give the Owner a completed and signed QBCC Form 7 - Certificate of Practical Completion stating that date as the Date of Practical Completion; and
(c) hand over the Works to the Owner.. 12 QBCC LEVEL 2 RENOVATION, EXTENSION AND REPAIR CONTRACT_CONTRACTOR’S BOOKLET_JULY 2018
28.3 If the Owner considers that the Works have not reached Practical Completion the Owner must give the Contractor written notice of those matters which are required to be done for the Works to reach Practical Completion. The Contractor must carry out such matters as may be necessary for the Works to reach Practical Completion and must otherwise proceed in accordance with the preceding paragraph.
28.4 The issue of a Certificate of Practical Completion does not constitute approval of any work under this Contract nor does it prejudice any claim by the Owner in respect of the work under this Contract.
28.5 When the Contractor has satisfied all of its obligations under Condition 28.2 the Owner must immediately pay the Contractor the progress claim for the Practical Completion Stage (as adjusted under Condition 24, if applicable).
Appears in 1 contract
Sources: QBCC Level 2 Renovation, Extension and Repair Contract
Practical Completion. 28.1 The Contractor must give to the Owner 5 business days prior written notice of the date upon which the Contractor anticipates that the Works will reach Practical Completion.
28.2 On the date specified in that notice as the anticipated date on which the Works will reach Practical Completion, the Owner or the Owner’s Representative will inspect the Works and if satisfied that the Works have reached Practical Completion, and if the Contractor produces to the Owner satisfactory written evidence that all relevant inspections and approvals required by the Sustainable Planning Act 2009 and the Building Act 1975 and by any body having the relevant jurisdiction have been satisfactorily completed, the Contractor must:
(a) complete Without prejudice to clause 2.5(b)(viii), the Landlord shall procure the ETC (or other suitably qualified person), in consultation with the Owner and sign Tenant, to issue a certificate of practical completion on the QBCC Form 6 - Defects Document date the Seismic Works to achieve the Agreed Rating in respect of each Seismic Building (or similar appropriate document identifying agreed and non-agreed minor defects and minor omissions, and when the Contractor will remedy the agreed matters, and give a signed copy to the Owner; andextent necessary any interconnected or related group of Seismic Buildings) reach a state of Practical Completion. The certificate shall be issued in the joint names of the Landlord and the Tenant. The Tenant and the Landlord shall arrange a pre-certification inspection at least 5 Business Days prior to the date the Landlord anticipates Practical Completion will be achieved.
(b) give the Owner a completed and signed QBCC Form 7 - Certificate Within 20 Business Days of Practical Completion stating of the Seismic Works to achieve the Agreed Rating for the relevant Seismic Building (or to the extent necessary any interconnected or related group of Seismic Buildings), the Landlord will provide the Tenant with a producer statement procured from the ETC, which confirms that date as the Date Seismic Works to achieve the Agreed Rating for the relevant Seismic Building (or to the extent necessary any interconnected or related group of Practical Completion; andSeismic Buildings) have been completed in accordance with the Detailed Design (including any variations pursuant to clause 2.6), and in accordance with the Construction Contract, and a written certification (in a form acceptable to the Tenant, acting reasonably) from the seismic engineer engaged by the Landlord, for each Seismic Building (or to the extent necessary any interconnected or related group of Seismic Buildings) addressed to the Landlord confirming unconditionally that the relevant Seismic Building (in a form acceptable to the Tenant, acting reasonably) has an Earthquake Rating of not less than the Agreed Rating.
(c) hand over The Landlord shall obtain all necessary code compliance certificates for the Seismic Works (in a form acceptable to the Owner.
28.3 If Tenant, acting reasonably) promptly following the Owner considers that the Seismic Works have not reached Practical Completion the Owner must give the Contractor written notice of those matters which are required to be done for the Works to reach achieving Practical Completion. The Contractor must carry out such matters Landlord shall procure that a set of as may built plans shall be necessary for delivered to the Tenant promptly following the Seismic Works to reach achieving Practical Completion and must otherwise proceed in accordance with the preceding paragraphCompletion.
28.4 The issue of a Certificate of Practical Completion does not constitute approval of any work under this Contract nor does it prejudice any claim by the Owner in respect of the work under this Contract.
28.5 When the Contractor has satisfied all of its obligations under Condition 28.2 the Owner must immediately pay the Contractor the progress claim for the Practical Completion Stage (as adjusted under Condition 24, if applicable).
Appears in 1 contract
Sources: Deed of Novation and Amendment of Agreement for Sale and Purchase of Real Estate
Practical Completion. 28.1 27.1 The Contractor must give to the Owner 5 business days prior written notice of the date upon which the Contractor anticipates that the Works will reach Practical Completion.
28.2 27.2 On the date specified in that notice as the anticipated date on which the Works will reach Practical Completion, the Owner or the Owner’s Representative will inspect the Works and if satisfied that the Works have reached Practical Completion, and if the Contractor produces to the Owner satisfactory written evidence that all relevant inspections and approvals required by the Sustainable Planning Act 2009 and the Building Act 1975 and by any body having the relevant jurisdiction have been satisfactorily completed, the Contractor must:
(a) complete with the Owner and sign the QBCC Form 6 - Defects Document or similar appropriate document identifying agreed and non-agreed minor defects and minor omissions, and when the Contractor will remedy the agreed matters, omissions and give a signed copy to the Owner; and
(b) give the Owner a completed and signed QBCC Form 7 - Certificate of Practical Completion stating that date as the Date of Practical Completion; and
(c) hand over the Works to the Owner.
28.3 27.3 If the Owner considers that the Works have not reached Practical Completion the Owner must give the Contractor written notice of those matters which are required to be done for the Works to reach Practical Completion. The Contractor must carry out such matters as may be necessary for the Works to reach Practical Completion and must otherwise proceed in accordance with the preceding paragraph.
28.4 27.4 The issue of a Certificate of Practical Completion does not constitute approval of any work under this Contract nor does it prejudice any claim by the Owner in respect of the work under this Contract.
28.5 27.5 When the Contractor has satisfied all of its obligations under Condition 28.2 27.2 the Owner must immediately pay the Contractor the progress claim for the Practical Completion Stage (as adjusted under Condition 2423, if applicable).
Appears in 1 contract
Practical Completion. 28.1 22.1 The Contractor must give to the Owner 5 3 business days prior written notice of the date upon which the Contractor anticipates that the Works Contract Work will reach Practical Completion.
28.2 22.2 On the date specified in that notice as the anticipated date on which the Works Contract Work will reach Practical Completion, the Owner or the Owner’s Representative authorised representative will inspect the Works Contract Work and if satisfied that the Works have Contract Work has reached Practical Completion, and if the Contractor produces to the Owner satisfactory written evidence that all relevant inspections and approvals required by the Sustainable Planning Act 2009 and the Building Act 1975 and by any body having the relevant jurisdiction have been satisfactorily completed, the Contractor must:
(a) complete compile with the Owner Owner, or the Owner’s authorised representative, and sign the QBCC Form 6 5 - Defects Document or similar appropriate document identifying agreed and non-agreed minor defects and minor omissions, and when the Contractor will remedy the agreed matters, and give a signed copy to the Owner; and
(b) give the Owner a completed and signed QBCC Form 7 - Certificate of Practical Completion stating that date as the Date of Practical Completion; and
(c) hand over the Works Contract Work to the Owner.
28.3 22.3 If the Owner considers that the Works have Contract Work has not reached Practical Completion the Owner must as soon as practicable give the Contractor written notice of those matters which are required to be done for the Works Contract Work to reach Practical Completion. The Contractor must carry out such matters as may be necessary for the Works Contract Work to reach Practical Completion and must otherwise proceed in accordance with the preceding paragraph.
28.4 The issue of a Certificate of Practical Completion does not constitute approval of any work under this Contract nor does it prejudice any claim by the Owner in respect of the work under this Contract.
28.5 22.4 When the Contractor has satisfied all of its obligations under Condition 28.2 22.2 the Owner must immediately pay the Contractor the progress claim for the Practical Completion Stage (as adjusted under Condition 2418, if applicable).
Appears in 1 contract
Sources: QBCC Level 1 Renovation, Extension and Repair Contract