Section 8.32 Substantial Completion and Performance
Library | Construction Law 2016 Supp |
H. (§8.32) Substantial Completion and Performance
AIA Document A201-1997, General Conditions of the Contract for Construction (15th ed.), ¶ 9.8.1, defines “Substantial Completion” as the performance of the work to the stage where the owner may occupy or utilize the project for its intended use. Missouri Approved Jury Instructions define “substantially performed” as “performance of all important parts of the contract with only slight variations.” See MAI 16.04 [1980 New]. Some cases, however, have used slightly different language. In Forsythe v. Starnes, 554 S.W.2d 100 (Mo. App. E.D. 1977), the court approved the following jury instruction: “The term ‘substantially performed’ as is used in this Instruction, means that the construction had progressed to the point that the house could be put to the use for which it was intended.”
The definition in Forsythe, 554 S.W.2d 100, is more consistent with the term as used in the AIA forms.
If the contractor has only substantially performed...
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- Section 8.1 Introduction
- Section 8.2 Change Order Procedures
- Section 8.3 Dispute Resolution Procedures for Changes in the Work
- Section 8.4 “Extra Work” vs. “Additional Work”
- Section 8.5 Methods of Compensation for Extra Work
- Section 8.6 Differing Site Conditions and Other Compensable Changes
- Section 8.7 Differing Site Conditions—Public Works Projects
- Section 8.8 Written Change Order Requirements
- Section 8.9 Oral Waiver of Written Change Order Requirements
- Section 8.10 Requirement of Written Contracts—Public Works Projects
- Section 8.11 Waiver of Written Change Order Requirement by Course of Conduct or Silence
- Section 8.12 Defining Time of Performance
- Section 8.13 Time of Essence
- Section 8.14 Types of Delay
- Section 8.15 Excusable Delay
- Section 8.16 Notice of Delay
- Section 8.17 Contractor Liability to Owner for Delay
- Section 8.18 Contractor Liability to Subcontractors and Other Contractors for Delay
- Section 8.19 Design Professional’s Liability for Delay
- Section 8.20 Compensable Elements of Delay
- Section 8.21 Owner Liability to Contractor for Delay
- Section 8.22 “No Damages for Delay” Clauses—Private Contracts
- Section 8.23 “No Damages for Delay” Clauses—Public Works Contracts
- Section 8.24 Consequential Damages
- Section 8.25 Termination Provisions
- Section 8.26 Rescission vs. Termination
- Section 8.27 Termination for Material Breach
- Section 8.28 Termination for Commercial Frustration or Impracticality
- Section 8.29 Termination for Nonpayment
- Section 8.30 Excuses for Abandonment of Contract
- Section 8.31 Measure of Damages Upon Termination
- Section 8.32 Substantial Completion and Performance
- Section 8.33 Stop Work Notices
- Section 8.34 Termination for Convenience
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