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Occupation does not mean completion

  • Comment

Nicholas Jamieson states in his letter (aj 4.12.97) that 'once an employer occupies a building it is deemed to be practically complete'. This is, I understand, incorrect. Practical completion occurs on the date indicated on the relevant certificate (under standard forms of contract). It is the contract administrator's job to decide the date to be shown on the certificate, and (s)he will no doubt have recourse to industry guidance and case law on the matter. The case law quoted in the aj Legal Handbook does not mention the occupation of the building as being a determining factor.


Austin Winkley and Associates

London SE1

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