NEC Completion is a defined state: the Contractor has done the work the Scope says is to be done by the Completion Date, and has corrected any notified Defects that would stop the Client using the works or Others doing their work. If the Scope doesn't say what that work is, the test falls back on what the Client needs in order to use the works, and what Others need to do theirs.
The definition is at clause 11.2(2). It works the same way in NEC3 ECC, except that NEC3 refers to the Works Information and the Employer. It doesn't mean every last item is finished, and it isn't the same as physical handover. This page covers what it means in practice. It is part of the NEC programme guide.
The two tests
| Test | What to check | Typical problem |
|---|---|---|
| The work is done | A list in the Scope of what is needed by the Completion Date | The Scope is silent, so you fall back on the general use test, which is open to interpretation |
| Notified Defects that matter are corrected | Only Defects that have been notified and would prevent use or stop Others working | Treating any snag as a barrier, or ignoring one that genuinely affects use |
So a scratched door doesn't normally prevent Completion, but a failed fire alarm in a building about to open almost certainly would. Minor Defects can remain open after Completion and be corrected later, within the time the Contract Data allows. The defect correction period guide explains how that works.
Who decides, and when
Clause 30.2 gives the decision on the date to the Project Manager, who certifies it within one week. The Supervisor may have views on Defects, and the Contractor may press for the date, but the decision belongs to the Project Manager. The date certified is when Completion actually happened, not when the certificate was written.
The Contractor can't self-certify. If the two disagree about the date, the matter goes through the contract's dispute process. In practice, keep a dated evidence file for it: inspections, test certificates, notified Defects and their closure.
What Completion sets in motion
| Consequence | Where to find it |
|---|---|
| Delay damages stop, if they are running (or at take over, if earlier) | Option X7 |
| Early finish bonus is measured, if used | Option X6 |
| Client takes over within two weeks, unless the Contract Data says otherwise for dates before the Completion Date | 35.1 |
| Programme revision duty ends, once the whole of the works is complete | 32.2 |
| The defects date, which the Contract Data counts in weeks from Completion of the whole works | Contract Data |
| Retention, if used: the amount held falls by half at this point, or at an earlier take over of the whole | Option X16 |
Check the amounts and dates in your own Contract Data. For retention, see Option X16.
Completion, take over and Defects Certificate
These three are often confused:
- Completion concerns the state of the work, as decided by the Project Manager.
- Take over concerns the Client receiving the works. It usually follows Completion, but part of the works can be taken over earlier if the Client begins to use it, subject to the exceptions in 35.2. That can also be a compensation event under 60.1(15).
- The Defects Certificate is much later, and closes the defects period.
A worked example
A fictional primary school extension with an illustrative Completion Date of 20 July. The Scope lists the work to be done by that date, including commissioning the heating and handing over the health and safety file. On 18 July, the Contractor says it has reached Completion. The list of open items is:
| Open item | Prevents Completion? |
|---|---|
| Paint touch-ups in two classrooms (notified Defect) | No: use isn't prevented |
| Fire door that won't close properly (notified Defect) | Probably: would prevent use for its purpose |
| Health and safety file not handed over | Yes: the Scope lists it as work due by the Completion Date |
| Landscaping, due in autumn under the Scope | No: not required by the Completion Date |
The Project Manager decides Completion is reached on 24 July, once the door and file are dealt with, and certifies by 31 July. Delay damages under Option X7, if it applies, would cover the four days from 20 July to 24 July.
How to reduce the arguments
- Clients: put a clear Completion list in the Scope, including documents, training, and tests. NEC4 and NEC3 both defer to it first.
- Contractors: show the list as activities on the programme, ending at planned Completion, so the Project Manager can see the route to it. Revisit it at each revision.
- Project Managers: notify Defects promptly, since unnotified Defects are outside the second test. Make sure to work with the Supervisor on this.
If the job has sections, each can have its own Completion: see sectional completion. The Completion definition gives a short version for quick reference.
Related guides
- The NEC Programme: A Complete Guide
- Key Dates in NEC
- Sectional Completion
- Access Dates and Starting Work
- Who Owns Float in NEC?
- Completion Date and Planned Completion
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This guide is general information in our own words, not legal advice. Your contract and its Contract Data always govern. NEC, NEC3 and NEC4 are trade marks of Thomas Telford Ltd; Contract Status is not affiliated with or endorsed by NEC.