Notice to Complete (General):

Notices to complete are commonly associated with the building and construction industry, but they can be issued in relation to the staged production of any large scale project which requires progress payments or lump-sum payment before or after completion. In broad terms, a notice to complete will be a written document which will put the following matters on record:

(a)   That a project has been undertaken by a party;

(b)   That that project (or phase of the project) is required to be completed by a specified time;

(c)    That the specified time for completion has been reached;

(d)   That the project (or phase of the project) has not in fact been completed on time;

(e)   That the client party requires completion;

(f)     That the client party is on notice for said completion;

(g)    A time within which completion is of the essence.

The notice to complete will make reference to the contractual clause under which it is being issued. Disputes relating to notices to complete may involve the following:

• Disputing whether or not the project, or the relevant phase of the project, has in fact reached completion.
• Disputes regarding the validity of the form of the completion notice.
• Disputes that the completion notice was not served in time.
• General disputes regarding compliance with contractual terms and conditions.

Failure to answer a notice to completion can have severe repercussions. A right may have been waived if the party receiving a notice to complete does not act on it, or object to the notice at its earliest opportunity. Responding in a qualified way may also be deemed a concession or an admission of liability. Issues relating to reasonableness may also be disputed between parties, especially where time provisions in the contract or the notice itself are vague.

It is therefore imperative that the legal advice of a notice to complete solicitor be obtained before any action is taken, and that that legal advice be obtained as a matter of urgency. The notice to complete lawyer will be able to review the contract under which the notice to compete has been issued, the facts of the case (relating to the completion of the project or its phase) and then offer a detailed strategic opinion as to how the matter can be efficiently dealt with.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.