How are practical completion and substantial completion determined?
There is no universal factual test detached from the contract. The certifier must apply the relevant completion provision to the works as a whole, considering the nature and extent of incomplete work and known defects.
Apply the contract and assess whether any known omission or defect is more than trifling
Practical completion is a matter of fact and degree under the particular contract. Latent defects cannot prevent certification because they are unknown at the time. A known defect or incomplete item will prevent practical completion if it is more than trifling, assessed against the purpose and intended use of the works. Occupation or use is relevant evidence but does not establish completion by itself. Substantial completion under an engineering form likewise permits minor deficiencies where the contract allows, but its precise effect comes from that form.
| Issue | Position |
|---|---|
| Primary source | The completion clause |
| Latent defect | Does not prevent certification when unknown |
| Patent defect | Prevents certification if more than trifling |
| Occupation | Evidence, not an automatic answer |
| Assessment | Fact and degree for the works and intended use |
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