What does completion mean?

Markmywords

What does completion mean?

daveyjp

Completion is when both parties agree the works as described and agreed in the contract have been completed and a completion certificate can be issued. If there unresolved issues and the works are not to specification there is not yet completion.

Final payment (excluding any retention) is generally paid within a few days of practical completion certificate being issued.

eddddy

Markmywords said:

What does completion mean?  If payment is due on completion and the builder has left some unresolved issues, do I have to pay him?

Have you signed a contract with the builder that says 'payment is due on completion'?

If so, does the contract have a definition of 'completion'?

If there is no definition of 'completion' in the contract, the general rule with contracts is that 'completion' means what a reasonable person would expect 'completion' to mean.



But the builder might want to use a different definition of 'completion'.

(For example, the builder might define 'practical completion' as something like...

"the point in a construction project where the works have been completed in accordance with the contract, except for minor defects that do not materially affect the use of the building or structure. At this stage, the building or structure is considered fit for its intended purpose and can be occupied or used.")

But if the builder didn't give you that definition at the outset, they can't really rely on it.

But if you decide to accept that type of definition, maybe you should withhold, say, 10% of the payment - until the snagging/defects are are addressed.

user1977

In a "proper" construction contract there would be a defined term of "practical completion", which is when the work is certified as being in all material respects complete - that does allow for snagging to be outstanding.

So it might help if you told us what you mean by "unresolved issues" and how significant they are in the context of the whole job.

the_lunatic_is_in_my_head

If a term in a business to consumer contract may have more than one meaning then the meaning most favourable to the consumer shall prevail

https://www.legislation.gov.uk/ukpga/2015/15/section/69

user1977

I think you stand with a pretty good argument that the job isn't complete.

Is he actually denying anything is wrong with all of these items?

Jenni_D

Re. the toilet - how can you categorically prove that the fault was caused by installation, and not an inherent fault with the toilet itself (that's only become apparent after fitting)?

Re. the other issues - they are valid and there's no completion at this point.

PS - is this related to your other Original Claim / Default Judgement thread?

Jenni_D

In my opinion (such that it is), if the contract terms are silent as to when Completion arises, then completion has not yet been reached - for all the reasons mentioned previously by other posters.

RefluentBeans

OP I think we need a time line here and the answers to some questions: 
- when did the job start?
- what was the job for?
- who provided the materials for the job (did you buy and they install/did they buy everything they needed for the job)?
- when was the job ‘finished’ in the eyes of the contractor? 

- has the contractor been back out to fix anything? If so, what? 

- when did the other builder (who ended up fixing the toilet it seems) come out? How were they paid? 

It seems like the situation is complex so I appreciate it may not seem relevant (but I almost guarantee it is), and that can help guide the advice (and reduce the amount of repetitive questions getting asked). 

pinkshoes

You need to put a time line on this.

Dear builder.
I am happy to make the final payment of £XXXX once the work is complete. Please contact me to arrange a convenient time to complete the following outstanding work on the next 2 weeks:
- radiator needs mounting correctly.
- painting needs...
- rubbish collected 
If you are unable to finish these within the time frame, let me know and I can find someone else to complete the work and deduct it from the outstanding amount.

RefluentBeans

OP given you say your other thread is about the same situation, how long has this been going on? 

As I asked before - what was the size of the initial project be what has been completed successfully?