W.S.C.C.

BUILDING CONTRACT DIRECTIVE

BCD.32

CAPITAL & ASSET MANAGEMENT DATE: April 2010 Copyright Reserved

REFERENCE

PROCEDURES RELATING TO PRACTICAL COMPLETION, DEFECTS LIABILITY AND THE ISSUE OF THE FINAL CERTIFICATE ON PROJECTS
Although this procedure has been written for larger works most of the procedures will also be relevant on smaller works. 1. Inspection Prior to Practical Completion of the Main Contract About two weeks before the date when practical completion of the contract is due, the Consultant is to arrange a meeting on site with the clients representative and Capital & Asset Management maintenance representative. Where a building services consultant has been involved in the design he should also be in attendance. Any minor additions or modifications that the contractor is required to carry out prior to practical completion can be agreed provided funding is available. In the case of educational projects the Director of Educations Playing Fields Maintenance Adviser must be invited to attend during the inspection of landscaping/playing field works. If no landscaping or playing field works have yet taken place arrangements should be made for a further meeting to inspect these works. In these circumstances it may be appropriate for a certificate of Partial Possession to be issued on completion of the main works. The Consultant should then confirm the anticipated date for practical completion with the contractor, taking into account any outstanding items of work, and then write to the client representative quoting the date for practical completion and asking that insurance cover be arranged. The client representative will notify the Chief Monitoring Officer to enact the insurance arrangements. Capital & Asset Management maintenance representatives and main contractor for the building will have the opportunity to meet the premises officer and acquaint themselves with the new building and the services installations. A draft copy of the O&M manuals shall also be made available for inspection. 2. Practical Completion of the Works When the contractor informs the Consultant that the works are complete the Consultant will arrange a meeting with the contractor to satisfy himself that all of the work has been completed to the standard laid down in the contract documents. If the inspection reveals outstanding items or defects resulting in practical completion not being achieved on the due date the client representative must be immediately informed. If the client is prepared to receive the building in an incomplete state the certificate, when issued, should incorporate a qualification confirming that the contractor undertakes to remedy or complete such specific items within a specified timescale. The items must be listed and attached to the certificate and a copy of the list passed to the client. Before a Certificate of Practical Completion is issued the Consultant must have in his possession the Building Information Schedule (Form D292), the Engineering Operating and Maintenance Manuals which shall include the Electrical Installation Certificate and all relevant commissioning and certification

See BCD 44

Form D292

-1NOTE: THIS DIRECTIVE IS APPLICABLE TO THE MAJORITY OF SCHEMES BUT IT WILL NOT NECESSARILY BE APPROPRIATE TO ALL WORKS AND THEREFORE ON EACH SCHEME IT WILL BE NECESSARY TO CHECK THE SPECIFIC REQUIREMENTS.

BCD.32
REFERENCE documentation as described in BCD30 Appendix I, the Fire Officers clearance certificate, and the Health & Safety File. The Certificate of Practical Completion, when issued is to be accompanied by a completed Form E441 giving details of meter readings and four copies passed to Capital & Asset Management. 3. Partial Possession Where, with the consent of the contractor, the occupier takes possession of part of the work in the contract, the action set out above must be applied to each part as though it were itself a complete building. Retention money will be released in the same ratio as the cost of the part to the whole and, in the same way, the defects liability period will apply to each part as it is taken into possession by the occupier. Separate Certificates of Partial Completion and of Making Good Defects will also be required for the whole of the works (in addition to the certificates for the last completed part of the work). It is important to distinguish carefully between Partial Possession and Sectional Completion. The former is an event that was not specifically envisaged and provided for when the contract was entered into. The latter is an event that was specifically provided for in the use of the Sectional Completion Supplement. It is for this reason that provision is made on the Certificate of Partial Possession for the insertion of an estimate of the value of the relevant part of the works. In the case of Sectional Completion this is unnecessary as the values of the various sections are already defined in the contract documents. 4. Sectional Completion When the Standard Form of Building Contract has been specifically amended for completion in sections by the use of the Sectional Completion Supplement, a duty is imposed upon the contractor to complete in stages in accordance with the contract. Separate Certificates of Sectional Completion and of Making Good Defects will be required for each section of the works. A Certificate of Practical Completion and a Certificate of Making Good Defects will also be required for the whole of the works (in addition to the certificates for the last completed section). FOOTNOTE: Unless the contract is very exceptional, the dictates of the season will override the contract provisions to some extent when dealing with seeding and planting. Usually common sense and goodwill prevail, but it is most important to liaise with the client department about maintenance of the grass and borders. 5. Defects Liability Period Immediately the Consultant has issued the Certificate of Practical Completion and the building is in the defects liability period, the Consultant is to arrange with the Councils Representative to meet the Client on site with the contractor and other consultants where relevant, present. At this meeting the keys of the building will be handed to the Client, together with the Engineering Operating and Maintenance Manuals, and the operation of all engineering plant should be demonstrated. The Building Services Installation Training for Premises Staff Form E431 relates. Sometimes this meeting can be combined with the inspection at practical completion, but make sure the work really is complete before the Client is involved. The health and safety file and its contents should also be discussed, with any areas of potential risk made known to the building users and the Client. At this meeting the Consultant should also arrange with the Client and occupier of the building that during the liability period all defects, breakages or failures be reported directly to the Consultant and no instructions be given to the contractors men who may subsequently visit the site.

Form E441

Form E431

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BCD.32
REFERENCE The Consultant must decide which items are defects within the definition in the contract and which, if any, are maintenance items. In the case of defects, the Consultant may, when he considers it genuinely necessary, issue instructions to the contractor to rectify the work before the schedule of defects is prepared at final completion. Note: Routine maintenance of newly installed Engineering Plant and equipment will be undertaken by Capital & Asset Management from the date of Practical Completion as detailed within BCD27. For schools, this does not include specialist equipment that is not currently covered by the Schools SLA Agreement. During the defects liability period it will be necessary to agree the timescale programme for any remedial works with the Contractor and the Client. It may also be necessary to arrange further meetings in agreement with the Capital & Asset Management Representative and Client to discuss any items which have proved unsatisfactory. Prior to the expiration of the Defects Liability Period applicable to the landscaping/playing field works on education projects the Consultant must notify the Director of Educations Playing Fields Maintenance Adviser of the expiry date, and arrange a hand-over meeting either on, or immediately prior to that date. 6. Final Completion Note: A database of defects is maintained within Capital & Asset Management for analysis and it is important that the Property Services representative is kept fully informed at all stages. Within 14 days of the expiration of the defects liability period, the Consultant is to provide the contractor with a Schedule of Defects that the contractor must rectify, at this own cost. A timescale/programme for the remedial works must also be agreed as above. If the contractor fails to perform he should be given an ultimatum by the consultant that the works be carried out by a set date, and that if this requirement is not met others will be employed to carry out the works with all costs incurred deducted from monies due to him. This timescale may need to be varied in some circumstances where due to the nature of the works it is more appropriately carried out in school holiday periods. 7. Post End of Defects Liability Period Responsibilities Note: A database of defects is maintained within Capital & Asset Management for analysis, and it is important that the Property Services Representative is kept fully informed at all stages. On the expiration of the Defects Liability Period the Consultant is to forward a copy of the schedule of defects, as issued to the contractor, to the Capital & Asset Management representative. Subsequently upon completion of the making good of defects a copy of the Certificate is to be forwarded to the Capital & Asset Management Representative. 8. Issue of the Final Certificate In view of the legal implications that relate to the issue of the final certificate, and possible impact upon the position of the Council, an advance draft copy of the impending final certificate issue is to be forwarded to the Capital & Asset Management Representative for comment. CONCLUSION

BCD27

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