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CERTIFICATE OF NON-
COMPLETION
The certificate of non-completion gives formal written
notice to the contractor that they have failed to complete
the works described in the contract by the completion date
that was last agreed (the original completion date may have
been adjusted during the course of the works).
The date for completion of construction works (or dates for
completion of sections of the works) is generally set out in
the contract particulars. However, it is not uncommon for
delays to cause the completion date to be missed, that is, the
works are not complete, and so a certificate of practical
completion cannot be issued by the date for completion.
Where the client is responsible for the delay, an extension of
time may be granted, the completion date adjusted, and the
contractor may be entitled to claim loss and expense.
Where the contractor is responsible for the delay, the client
may be entitled to claim liquidated and ascertained damages
(at a rate set out in the contract particulars).
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