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 (15^th 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...