ABSTRACT

The leading case on the requirements for practical completion167

states that practical completion cannot be certified if there are known defects in the Works. Therefore, a certificate issued with 150 defective items listed is, on its face, void or, perhaps more accurately, voidable if either party applies to an adjudicator. An adjudicator ought to find that the certificate was not properly issued and the contractor would be obliged to rectify the defects before a certificate could be properly issued.