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Many building contracts refer to a ‘date of possession’, some merely refer to the ‘commencement date’. Most architects think they know what these terms mean: they mean the date on which the contractor may start work on site. Building contracts usually make clear that the architect has the right to go onto the site and to authorise any other person, such as the clerk of works, to enter the site. Even if the building contract says nothing about possession, it will always be implied into every building contract that the contractor must have possession of the site in sufficient time to allow completion of the Works by the contract completion date. Normally, the contractor will have exclusive possession of the site. In plain terms, that means that the contractor alone controls the site and anyone who comes onto the site.
Many building contracts refer to a ‘date of possession’, some merely refer to the ‘commencement date’. Most architects think they know what these terms mean: they mean the date on which the contractor may start work on site. Building contracts usually make clear that the architect has the right to go onto the site and to authorise any other person, such as the clerk of works, to enter the site. Even if the building contract says nothing about possession, it will always be implied into every building contract that the contractor must have possession of the site in sufficient time to allow completion of the Works by the contract completion date. Normally, the contractor will have exclusive possession of the site. In plain terms, that means that the contractor alone controls the site and anyone who comes onto the site.
Possession of the Site
Chappell, David (author)
2020-01-07
3 pages
Article/Chapter (Book)
Electronic Resource
English
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