Common use of Practical Completion Clause in Contracts

Practical Completion. (a) When the Developer considers that the Works, or any part of the Works, are complete, the Developer must send a Notice to the Council accompanied by complete works as executed plans, any relevant certificates or consents of any public utility authority and a request for written certification from the Council that the Works are complete. (b) Within 10 Business Days of receipt of the notice under clause 10.1(a) of this Schedule, the Council will carry out an inspection of the Works and will, acting reasonably, either: (i) provide written certification to the Developer that the Works have been completed; or (ii) notify the Developer of any additional information required or matters which must be addressed by the Developer in accordance with clause 10.1(a) of this Schedule prior to the certification being issued. (c) If the Developer is required to provide additional information or address any matters under clause 10.1(b)(ii) of this Schedule, the Developer will provide that information to Council or address those matters within 10 Business Days of receiving the notice or within a reasonable period of time and make a further request under clause 10.1(a) of this Schedule for written certification that the Works have been completed. (d) Practical completion will be achieved in relation to the Works or any part of the Works when a Certificate of Practical Completion has been issued for those Works. (e) Notwithstanding clause 10.1(d), if the Council has not responded to the Developer's request for written certification from the Council that the Works are complete under clause 10.1(a) within 10 Business Days of receipt of the notice, the Council agrees that for the purposes of this agreement, Practical Completion will be deemed to have occurred on that date and a deemed Certificate of Practical Completion will be issued for the Works.

Practical Completion. (a) When the Developer considers that the Works, or any part of the Works, are complete, the Developer must send a Notice to the Council accompanied by complete works as executed plans, any relevant certificates or consents of any public utility authority and a request for written certification from the Council that the Works are complete. (b) . Within 10 Business Days of receipt of the notice under clause 10.1(a8.1(a) of this ScheduleSchedule 2, the Council will carry out an inspection of the Works and will, acting reasonably, either: (i) : provide written certification to the Developer that the Works have been completed; or (ii) or notify the Developer of any additional information required or matters which must be addressed by the Developer in accordance with clause 10.1(a) of this Schedule prior to the certification being issued. (c) . If the Developer is required to provide additional information or address any matters under clause 10.1(b)(ii8.1(b)(ii) of this ScheduleSchedule 2, the Developer will provide that information to Council or address those matters within 10 Business Days of receiving the notice or within a reasonable period of time and make a further request under clause 10.1(a8.1(a) of this Schedule 2 for written certification that the Works have been completed. (d) . Practical completion will be achieved in relation to the Works or any part of the Works when a Certificate of Practical Completion has been issued for those Works. (e) Notwithstanding clause 10.1(d). The Developer must as soon as practicable, if the Council has not responded to the Developer's request for written certification from the Council that the Works are complete under clause 10.1(a) within 10 and no later than 20 Business Days of receipt of after the notice, date on which the Council agrees that for the purposes of this agreement, Practical Completion will be deemed to have occurred on that date and a deemed Certificate of Practical Completion will be is issued in respect of the Works or any part of the Works deliver to the Council, complete and legible copies of: all “as built” full-sized drawings, specifications and relevant operation and service manuals; all necessary certificates including the certificates of any consultants of the Developer that the Council may reasonably require, and Approvals of any public utility authority (where relevant); and copies of all Approvals required for use of the land subject to the Works. The Developer must as soon as practicable, and no later than 20 Business Days after the date on which the Certificate of Practical Completion is issued in respect of the Works or any part of the Works, provide the Council with a tour of the land subject to the Works and provide reasonable instructions on the operation and use of the Services on that land.

Practical Completion. (a) When the Developer Applicant considers that the Works, or any part of the Works, are complete, the Developer Applicant must send a Notice to the Council accompanied by complete works as executed plans, any relevant certificates or consents of any public utility authority and a request for written certification from the Council that the Works are complete. (b) Within 10 Business Days of receipt of the notice under clause 10.1(a8.1(a) of this ScheduleSchedule 5, the Council will carry out an inspection of the Works and will, acting reasonably, either: (i) provide written certification to the Developer Applicant that the Works have been completed; or (ii) notify the Developer Applicant of any additional information required or matters which must be addressed by the Developer in accordance with clause 10.1(a) of this Schedule Applicant prior to the certification being issued. (c) If Council does not attend to the Developer inspection referred to in Cause 8.1(b) of this Deed within 10 Business Days, the Applicant may send a further Notice to the Council requesting an inspection. (d) If the Applicant is required to provide additional information or address any matters under clause 10.1(b)(ii8.1(b)(ii) of this ScheduleSchedule 5, the Developer Applicant will provide that information to Council or address those matters within 10 Business Days of receiving the notice or within a reasonable period of time and make a further request under clause 10.1(a8.1(a) of this Schedule 5 for written certification that the Works have been completed. (de) Practical completion will be achieved in relation to the Works or any part of the Works when a Certificate of Practical Completion has been issued for those Works. (e) Notwithstanding clause 10.1(d), if the Council has not responded to the Developer's request for written certification from the Council that the Works are complete under clause 10.1(a) within 10 Business Days of receipt of the notice, the Council agrees that for the purposes of this agreement, Practical Completion will be deemed to have occurred on that date and a deemed Certificate of Practical Completion will be issued for the Works.

Practical Completion. 4.2.12.1 The Contractor shall give the Engineering Manager fourteen (a14) days notice in writing of the date upon which the Contractor anticipates that Practical Completion will be reached. At the 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 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. 4.2.12.2 The purpose of these provisional lists is to assist the Contractor, but they shall not substitute for the Contractor’s own quality control, nor shall they replace the Practical Completion inspection by the Engineering Manager from which additional items may result. 4.2.12.3 When the Developer considers that the Works, or any part Contractor is of the Works, are completeopinion that Practical Completion has been reached, the Developer must send Contractor shall request, in writing, the Engineering Manager to issue a Notice to Certificate of Practical Completion. Within fourteen (14) days of the Council accompanied by complete works as executed plans, any relevant certificates or consents of any public utility authority and a request for written certification from the Council that the Works are complete. (b) Within 10 Business Days of receipt of the notice under clause 10.1(a) of this Schedulerequest, the Council will carry out an inspection of the Works and will, acting reasonably, either: (i) provide written certification Engineering Manager shall give to the Developer that the Works have been completed; or (ii) notify the Developer of any additional information required or matters which must be addressed by the Developer in accordance with clause 10.1(a) of this Schedule prior to the certification being issued. (c) If the Developer is required to provide additional information or address any matters under clause 10.1(b)(ii) of this Schedule, the Developer will provide that information to Council or address those matters within 10 Business Days of receiving the notice or within a reasonable period of time and make a further request under clause 10.1(a) of this Schedule for written certification that the Works have been completed. (d) Practical completion will be achieved in relation to the Works or any part of the Works when Contractor a Certificate of Practical Completion has been issued as per Appendix 5/M, stating the date of Practical Completion, or shall give the Contractor, in writing, the reasons for those Works. (e) Notwithstanding clause 10.1(d), if not issuing the Council has not responded certificate and detailing any matter which the Contractor should attend to before re-applying to the Developer's request for written certification from the Council that the Works are complete under clause 10.1(a) within 10 Business Days of receipt of the notice, the Council agrees that Engineering Manager for the purposes issue of this agreement, Practical Completion will be deemed to have occurred on that date and a deemed Certificate of Practical Completion will in the same manner as the original application. 4.2.12.4 The issue of a Certificate of Practical Completion issued pursuant to this Clause, shall not constitute approval of any Work or other matter in respect of which it is issued, nor shall it be issued taken as an admission by LGL of the due performance of the Contract, 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 shall be entitled to claim a Progress Payment pursuant to Clause 4.2.6 for the Worksfull 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, 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 the intent of such security is that it should be held, in full, until Contract Completion.

Practical Completion. 11.1 The Developer shall procure that: (a) When the Developer considers that the Works, or any part of the Works, are complete, the Developer must send a Notice Employer's Agent gives at least 10 Working Days' notice to the Council accompanied by complete works as executed plans, any relevant certificates or consents Owner's Representative of any public utility authority 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 a request for written certification from make representations to the Council that the Works are complete.Developer; and (b) Within 10 Business Days of receipt without fettering the discretion of the notice Employer's Agent in carrying out its duties under clause 10.1(a) of this Schedulethe Building Contract, the Council will carry out an inspection of the Works and will, acting reasonably, either: (i) provide written certification to the Developer that the Works have been completed; or (ii) notify the Developer Employer's Agent takes proper consideration of any additional information required or matters which must be addressed by representations that are made when considering whether to issue the Developer Certificate of Practical Completion in accordance with clause 10.1(a) the terms of this Schedule prior the Building Contract. 11.2 The Developer shall ensure that the Employer's Agent gives a copy of the Certificate of Practical Completion to the certification being issuedOwner immediately after its issue, together with a copy of any accompanying snagging list. (c) 11.3 If the Developer is required to provide additional information or address any matters under clause 10.1(b)(ii) of this Schedule, the Developer will provide that information to Council or address those matters within 10 Business Days of receiving the notice or within a reasonable period of time and make a further request under clause 10.1(a) of this Schedule for written certification Owner believes that the Works have been completed. (d) Practical completion will be achieved in relation Employer's Agent's decision to the Works or any part of the Works when issue a Certificate of Practical Completion has is incorrect or that the certificate ought to have been issued for those Worksqualified, 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: (ea) Notwithstanding clause 10.1(d), if the Council has not responded deliver to the Developer's request for written certification from Owner the Council 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 Works are complete under grant or assignment to the Owner of a copyright licence in the same terms as set out in clause 10.1(a) within 10 Business Days of receipt 4.6 and clause 5.4 in respect of the notice, designs and documents referred to above in clause 11.4(a); and (c) take any other steps required to ensure the Council agrees that for Owner has the purposes of this agreement, Practical Completion will be deemed rights to have occurred on that date and a deemed Certificate of Practical Completion will be issued for use the Worksdocuments referred to above in clause 11.4(a) without payment to any person.

Practical Completion. (a) When For the purpose of this document, a Works Contribution is Completed when the Works have been accepted as, or deemed to have been, Completed in accordance with this clause 5.9 and any other obligation with respect to the relevant item of Works which must be discharged prior to the Completion of that item of Works in accordance with this document has been discharged. b) The Developer must give notice in writing to Council when the Developer considers that each Works Contribution has achieved Practical Completion, which identifies the Works, or any part particular Item of the Works, are complete, Works Contribution to which it relates and specifies the date on which the Developer must send a Notice to believes the Council accompanied by complete works as executed plans, any relevant certificates or consents Item of any public utility authority and a request for written certification from the Council that the Works are completeContribution was completed (Works Notice). (bc) Within 10 The Developer will permit Council to inspect the Works Contribution set out in a Works Notice within ten [insert] Business Days of the receipt of the notice under clause 10.1(athat notice. d) of this Schedule, the Council will carry out an inspection of the Works and willmay, acting reasonably, eithergive notice to the Developer within [insert] Business Days after the date of the Works Notice to carry out work that is reasonably required to achieve Practical Completion of the Works Contribution (Outstanding Works Notice). e) The Developer must comply with the Outstanding Works Notice according to its terms, and at the Developer’s cost, unless the Developer disputes the Outstanding Works Notice, in which case this is a dispute to which clause 9 applies. f) If Council: (i) provide written certification to the Developer that Does not give an Outstanding Works Notice, the Works have been completed; orContribution will be taken to be Complete on the date that is [insert] Business Days after the date of the Works Notice. (ii) notify Given an Outstanding Works Notice, the Developer procedure of any additional information required or matters which clause 5.9 must not be addressed by repeated until, in respect of the Developer last Works Notice to be given, Council does not given an Outstanding Works Notice in accordance with clause 10.1(a5.9(b) of this Schedule prior to the certification being issuedin which clause 5.9(e)(i) applies. (c) If the Developer is required to provide additional information or address any matters under clause 10.1(b)(ii) of this Schedule, the Developer will provide that information to Council or address those matters within 10 Business Days of receiving the notice or within a reasonable period of time and make a further request under clause 10.1(a) of this Schedule for written certification that the Works have been completed. (d) Practical completion will be achieved in relation to the Works or any part of the Works when a Certificate of Practical Completion has been issued for those Works. (e) Notwithstanding clause 10.1(d), if the Council has not responded to the Developer's request for written certification from the Council that the Works are complete under clause 10.1(a) within 10 Business Days of receipt of the notice, the Council agrees that for the purposes of this agreement, Practical Completion will be deemed to have occurred on that date and a deemed Certificate of Practical Completion will be issued for the Works.

Practical Completion. (a) When the Developer Landowner considers that the Works, or any part of those Works, have reached Practical Completion, and prior to the issue of any Occupation Certificate for the Works, are complete, the Developer Landowner must send a Notice to the Council accompanied by complete works which includes: (i) as executed ("as built") plans, ; (ii) any relevant certificates or consents of any public utility authority and authority; (iii) a Compliance Certificate from the appointed certifier that those Works have reached completion; and (iv) a request for written certification from the Council that the those Works are completehave reached Practical Completion. (b) Within 10 Business Days of receipt of the notice under clause 10.1(a8.1(a) of this ScheduleSchedule 2, the Council will carry out an inspection of the Works or relevant part of the Works and will, acting reasonably, either: (i) provide written certification to the Developer Landowner that the those Works have been completedreached Practical Completion; or (ii) notify the Developer Landowner of any additional information required or matters which must be addressed by the Developer in accordance with clause 10.1(a) of this Schedule Landowner prior to the certification being issuedissued (which must only be additional information or matters which are preventing the relevant Works from achieving Practical Completion). (c) If the Developer Landowner is required to provide additional information or address any matters under clause 10.1(b)(ii8.1(b)(ii) of this ScheduleSchedule 2, the Developer Landowner will provide that information to Council or address those matters within 10 Business Days of receiving the notice or within a reasonable period of time and make a further request under clause 10.1(a8.1(a) of this Schedule 2 for written certification that the Works have been completedreached Practical Completion. (d) Practical completion will be achieved in relation to the Works or any part of the Works when Council must issue a Certificate of Practical Completion has been issued for those Works. (e) Notwithstanding clause 10.1(d)Completion, if stating the date on which the works reached Practical Completion, as soon as possible after Council has not responded to the Developer's request for written certification from the Council considers that the Works are complete under clause 10.1(a) within 10 Business Days of receipt of the notice, the Council agrees that for the purposes of this agreement, have reached Practical Completion will be deemed to have occurred on that date and a deemed Certificate of Practical Completion will be issued any security for the Worksdefects liability required under this Schedule has been provided.