Substantial Completion; Commencement Date Clause Samples
The 'Substantial Completion; Commencement Date' clause defines when a construction project or a specific phase of it is considered substantially complete and establishes the official start date for contractual obligations. In practice, this clause typically outlines the criteria for substantial completion—such as when the work is sufficiently finished for its intended use—and specifies how and when the commencement date is determined, often tied to a notice or certification process. Its core function is to provide clear benchmarks for project progress, triggering important contractual events like payment milestones, transfer of risk, or warranty periods, and thereby reducing ambiguity and potential disputes between parties.
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Substantial Completion; Commencement Date. The Work shall be deemed substantially complete upon satisfaction of the following:
(a) the Shell Building Work has been completed in substantial accordance with the Shell Building Plans and Specifications to the extent required for Tenant to obtain safe and legal access to the Leased Premises and (b) the Tenant Improvement Work has been completed in substantial accordance with the Tenant Improvement Plans and Specifications, respectively, subject, in the case of (a) or (b), only to minor punch list items (i.e., such unfinished items as shall not impair Tenant’s ability to use the Leased Premises in the manner intended by the Lease) to be mutually agreed to and identified by Tenant and Landlord during a joint inspection of the Leased Premises upon substantial completion (“Punch List Items”) and to items the completion of which is prevented or should be postponed due to weather conditions (e.g., landscaping, final paving, etc.) and which do not prevent the issuance of a temporary certificate of occupancy (“Weather Related Items”);
(ii) Landlord has obtained a temporary certificate of occupancy for the Leased Premises;
(iii) the project architect shall certify in writing to Tenant and Landlord pursuant to and in accordance with form AIA-G704, or other form reasonably acceptable to Tenant and Landlord as to those same matters in subsections l.(i)(a) and (b), above; and
(iv) all Building systems shall be fully operational and all utilities shall be available with meters set and activated.
(v) Landlord shall remove all rubbish from, in and near the Leased Premises, together with all of its tools, equipment, and surplus materials and shall leave the Leased Premises clean and ready for use by Tenant. Should Landlord fail to complete the required clean-up, then Tenant may clean-up or cause the Leased Premises to be cleaned-up and Tenant shall submit an invoice to Landlord for such cost and Landlord shall pay such invoice promptly. All Punch List Items and Weather Related Items shall be completed by Landlord as soon as practicable but in no event shall Punch List Items be completed later than thirty (30) days after the Completion Date, unless otherwise agreed to by both Tenant and Landlord in writing.
Substantial Completion; Commencement Date. Tenant acknowledges that the Premises, including the Option 1 Space, have been substantially completed and that the Actual Commencement Date will be November l, 2009.
Substantial Completion; Commencement Date. The term "Substantial Completion" as used herein shall mean that Landlord's Work is substantially complete (as confirmed in writing by Landlord or its architect), Tenant Improvements have been completed, and a temporary certificate of occupancy has been issued for the Premises by the necessary governmental authorities. Within ten (10) days after Substantial Completion, Landlord and Tenant shall agree on a final punchlist of items to be completed or repaired. Landlord's contractor shall complete or repair the items denoted on the punchlist within thirty (30) days thereafter. As used in this Lease, the term "Commencement Date" shall mean the date of Substantial Completion; provided, however, that to the extent that Substantial Completion is delayed by any failure of Tenant to meet the timelines for approval set forth in this Article II, the Commencement Date shall be the date that Substantial Completion would have been achieved absent such failure.
Substantial Completion; Commencement Date. The Work shall be deemed substantially complete upon satisfaction of the following:
(a) the Shell Building Work has been completed in substantial accordance with the Shell Building Plans and Specifications to the extent required for Tenant to obtain safe and legal access to the Leased Premises and (b) the Tenant Improvement Work has been completed in substantial accordance with the Tenant Improvement Plans and Specifications, respectively, subject, in the case of (a) or (b), only to minor punch list items (i.e., such unfinished items as shall not impair Tenant’s ability to use the Leased Premises in the manner intended by the Lease) to be mutually agreed to and identified by Tenant and Landlord during a joint inspection of the Leased Premises upon substantial completion (“Punch List Items”) and to items the completion of which is prevented or should be postponed due to weather conditions (e.g., landscaping, final paving, etc.) and which do not prevent the issuance of a temporary certificate of occupancy (“Weather Related Items”);
Substantial Completion; Commencement Date. The term "Substantial Completion" as used herein shall mean that Landlord's Work is complete to the point where Tenant may obtain a building permit for the Tenant Finish Work (as confirmed in writing by Landlord or its architect). Based on Landlord's current construction schedule, the projected date of Substantial Completion is October 1, 1998, Tenant may enter the Building prior to Substantial Completion to prepare for occupancy, so long as such activities do not interfere with Landlord's
Substantial Completion; Commencement Date