What is Practical Completion?
Practical Completion is an important stage in any construction project, including residential building contracts under the HIA Contract. It refers to the point where the work is deemed to be substantially complete and can be used for its intended purpose. At Practical Completion, the homeowner can move into the property or start using the renovated space while the builder addresses any outstanding defects during the defects liability period. This stage is defined in Clause 21 of the HIA Contract and triggers important legal and practical implications for both parties. Understanding what Practical Completion means, when it is achieved, and the difference between Practical Completion and Final Completion is crucial for homeowners to manage their expectations, protect their legal rights, and avoid disputes with builders.
When is Practical Completion Achieved?
Factors that affect Practical Completion:
How long does the Practical Completion stage take?
The duration of the Practical Completion stage is generally set out in the building contract, and it can range from a few weeks to several months. However, if there are significant delays, the builder may need to seek an extension of time to complete the works.
Handover process and its relation to Practical Completion:
Handover is the process of transferring ownership and possession of the property from the builder to the owner. It usually takes place after Practical Completion has been achieved, and all outstanding defects have been rectified. The builder will provide the owner with all necessary documentation, including warranties, certificates, and manuals for appliances and systems installed in the property.
Common Issues During Practical Completion Stage
Practical Completion is a crucial stage in a residential building project, and it is not uncommon for issues to arise during this period. Here are some common issues that may arise during Practical Completion:
A. Defects in the completed work
Defects are one of the most common issues that arise during the Practical Completion stage. Homeowners may find defects in the completed work, which can range from minor to major issues. Builders are required to rectify any defects identified during this stage, and homeowners should report any defects to the builder as soon as possible.
B. Disputes over what constitutes Practical Completion
There may be disagreements between homeowners and builders over what constitutes Practical Completion. The HIA contract provides guidance on the criteria for Practical Completion, and homeowners should seek legal advice if there are any disputes over this matter.
C. Disputes over the quality of the work
Disputes over the quality of the work can arise if the homeowner feels that the completed work does not meet the standards outlined in the HIA contract. Builders are required to rectify any work that does not meet the required standards.
D. Failure to comply with contract specifications
Builders are required to comply with the contract specifications outlined in the HIA contract. Failure to comply with these specifications can result in disputes between homeowners and builders.
E. Non-payment of progress payments
Builders may withhold Practical Completion until they receive all outstanding payments. Homeowners should ensure that they make all progress payments as outlined in the HIA contract to avoid any delays in the Practical Completion stage.
F. Breach of statutory warranties
Builders are required to comply with statutory warranties outlined in the HIA contract. Breaches of statutory warranties can result in disputes between homeowners and builders.
G. Failure to obtain the Occupation Certificate
Builders are required to obtain the Occupation Certificate before handing over the completed project to the homeowner. Failure to obtain the Occupation Certificate can result in delays in the handover process.
Understanding Practical Completion Under the HIA Contract
Clause 21 in the HIA Contract outlines the Practical Completion stage and its requirements for the Builder to achieve it. This clause sets out the Builder’s obligations to complete the work and rectify any defects within a reasonable period before the Owner takes possession of the property.
During Practical Completion, the Builder is responsible for rectifying any defects or incomplete work, while the Owner is responsible for inspecting the property and identifying any defects or incomplete work. The Owner should document any defects or incomplete work and provide the Builder with a list of rectifications required. The Builder should rectify the defects or incomplete work within a reasonable period, and the Owner should re-inspect the property before taking possession.
Notice of Practical Completion
After Practical Completion is achieved, the Builder must give the Owner a notice of Practical Completion. This notice must be in writing and must state the date of Practical Completion. The notice will also require the Owner to inspect the works. It is crucial that the Owner carefully inspects the work and promptly notifies the Builder of any defects during this stage to ensure that they are rectified in a timely manner.
Seeking Professional Advice during Practical Completion Stage
One of the advantages of engaging a lawyer is that a lawyer may send instructions to a building expert to inspect the Works after the Builder notifies the Owner that the works have reached practical completion.
The Owner may rely on the expert’s report to identify what items of work (if any) are defective or incomplete at the time of inspection and require the Builder to rectify the same.
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Conclusion
Understanding practical completion is crucial for homeowners who are building or renovating their residential property under an HIA contract. This article has provided an overview of what practical completion is, when it is achieved, and common issues that arise during this stage. It has also discussed the importance of seeking professional advice to protect your rights and interests.
As a solicitor and construction lawyer, I have seen many cases where homeowners have suffered from defects, delays, and disputes during practical completion. Therefore, I strongly advise homeowners to seek professional advice as soon as possible if they encounter any issues during this stage. It is important to know your rights and obligations under the HIA contract to avoid costly and time-consuming disputes.
In conclusion, practical completion is a critical stage of the construction process, and homeowners should not take it lightly. By understanding your legal rights and seeking professional advice, you can ensure that your dream home is built to your satisfaction. Contact a construction lawyer today for more information and guidance.
