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Leadership and closeout

Reaching substantial completion: what it depends on

By Review.LivePublished 3 min readHow we write

The building looks ready, and the owner has booked the move. The fire alarm verification is still missing. The project manager discovers that the person responsible for the completion milestone will not certify it on appearance alone.

A newly completed three-storey building with blue and silver metal panels and a glass entrance, seen across its plaza at dusk.
Photo: kaleb tapp on Unsplash

Read the actual completion definition and identify the conditions, inspections and records needed for the authorized determination. Work backward from those conditions rather than from a nearly finished appearance. The contract milestone, permission to occupy and final completion may follow different processes. Confirm how the applicable law and contract affect your job instead of borrowing a definition or percentage from another project.

  1. Identify the exact milestone named in your contract and who determines it. Ask the contract administrator to clarify any local statutory terms or certification process that affect the plan.
  2. List what must be true for the intended use under that definition. Include the applicable systems, access, inspections and documents without assuming every remaining item can be deferred.
  3. Meet the owner, consultant and relevant authority contacts early enough to confirm their processes. Record what each needs to inspect or receive, and keep separate decisions in separate rows.
  4. Build a milestone readiness list with owners and dates. Tie each record to the work that produces it, so a missing verification report is visible before the final appointment.
  5. Review readiness before requesting the formal determination. Declare remaining work and unresolved records, with their effects on use, rather than presenting a clean summary that conceals them.
  6. Record the determination and its stated effective date. Have authorized commercial staff establish any linked payment, holdback or warranty actions, and retain a separate plan for final completion.

For US GSA contracts using its substantial-completion clause, intended use and specified life-safety testing and acceptance form part of the determination, made in writing by the contracting officer. That is one contract example, not a Canadian statutory definition.

Common mistakes

  • Using a percentage of construction value as a universal completion test.
  • Treating the owner's move-in booking as the formal determination.
  • Leaving record collection until the appointment with the certifier.
  • Applying the milestone date to every commercial process without checking its governing requirement.

Checklist

Before requesting the milestone

  • Exact definition and determining person
  • Conditions for intended use
  • Separate occupancy process
  • Inspections and records ready
  • Remaining work declared
  • Written determination and linked actions checked

Check your understanding

The owner wants to move in despite an outstanding requirement. Does that establish substantial completion?

Show the answer
No; refer the proposed use to the responsible authority and the contract's determining person. Check the actual completion conditions and occupancy process separately. An owner's preference does not itself resolve a missing approval or establish the contractual milestone.

Sources

  1. 552.211-70: Substantial CompletionGeneral Services Administration Acquisition Manual · United States GSA construction contracts using this clause · accessed
  • A newly completed three-storey building with blue and silver metal panels and a glass entrance, seen across its plaza at dusk.

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