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🎯 Clause 8.2 [Time for Completion] – What’s the Real Finish Line?
Imagine: You’re on-site, cranes swinging, concrete pouring. But before you celebrate, FIDIC sets a contractual finish line—Time for Completion. It’s not just about finishing the build; it’s about passing tests, handing over docs, and ticking all boxes for the Employer.
⏳ What Does “Time for Completion” Really Mean?
- Duration is from Commencement Date to the final, all-done moment (Clause 8.2 details).
- Completion means:
🧪 All Tests on Completion passed (Clause 9),
📑 All handover documents submitted,
🛠️ Everything needed for the Employer to take over (Clause 10.1). - You must meet all requirements within the contract period (Appendix to Tender [1999], Contract Data [2017]).
⚡ Why Is Clause 8.2 a Big Deal?
It’s the pivot point for many contractual rights & triggers:
- 💰 Delay damages if you miss the deadline (Clause 8.7).
- 🏁 Taking Over process starts here (Clause 10.1).
- 🕓 Extension of Time claims hinge on this deadline (Clause 8.4/8.5).
Tip: Even if construction “looks finished”, you haven’t crossed the finish line unless you’ve passed all tests and handed over all documentation. Otherwise, you’re at risk of delay damages and disputes!
🔄 Comparing Clause 8.2: 1999 vs 2017 Editions
🏗️ 1999
Classic Explicit Wording
“…including (a) achieving the passing of the Tests on Completion and (b) completing all work… required for the purposes of taking over under Sub-Clause 10.1…”Breaks out both Tests on Completion and all work as distinct requirements.
🛠️ 2017
Streamlined Clarity
“…including completion of all work which is stated in the Contract as being required for… taking over under Sub-Clause 10.1.”Assumes “completion” as a bundled obligation; language is tighter, less ambiguous.
🔍 What’s the Difference?
- The 1999 version explicitly splits out tests and other deliverables.
- The 2017 edition bundles everything as “completion”, tightening clause cross-references and closing ambiguity.
- This shift is part of FIDIC’s broader move to an integrated, obligation-linked contract structure.
👷Contractor
- Knows exactly what’s expected—avoids delay damages.
- Tracks milestones for claims under Clause 8.5.
🧑💼Employer
- Clear benchmarks for delivery, enabling remedies if missed.
- Confidence in handover readiness.
🧑⚖️Engineer
- Certifies completion using Clause 8.2 as reference.
- Ensures alignment with Clause 9 (Tests) & Clause 10 (Taking Over).
🏛️ Historical Context: The 2017 update streamlines “completion”—closing gray areas like:
Golden Principle 3 “Duties, rights, obligations, and risks must be clearly and unambiguously stated.”
- Is failing a minor test enough to block Taking Over?
- Can the Employer refuse handover for one pending document?
Golden Principle 3 “Duties, rights, obligations, and risks must be clearly and unambiguously stated.”
🔗 Clause 8.2 Explained | Taking Over (Clause 10.1) | FIDIC Golden Principles
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📖 Clause 8.2 [Time for Completion] — Full Breakdown
Let’s look at the verbatim FIDIC clause texts and decode what they really mean for your project success:
📘 FIDIC Yellow Book 1999 — Clause 8.2
“The Contractor shall complete the whole of the Works, and each Section (if any), within the Time for Completion for the Works or Section (as the case may be), including: (a) achieving the passing of the Tests on Completion, (b) completing all work which is stated in the Contract as being required for the Works or Section to be considered to be completed for the purposes of taking-over under Sub-Clause 10.1 [Taking Over of the Works and Sections].”
📙 FIDIC Yellow Book 2017 — Clause 8.2
“The Contractor shall complete the whole of the Works, and each Section (if any), within the Time for Completion for the Works or Section (as the case may be), including completion of all work which is stated in the Contract as being required for the Works or Section to be considered to be completed for the purposes of taking over under Sub-Clause 10.1 [Taking Over the Works and Sections].”
Source: FIDIC Yellow Book 1999 & 2017
🗣️ What Does It Really Mean?
On the surface, it sounds simple: Finish on time. But FIDIC adds crucial legal and practical layers. Here’s a step-by-step breakdown:
Complete all Works: Fulfill every construction, design, and procurement promise—no shortcuts.
Each Section matters: Large projects split into Sections (e.g., Phase 1, 2). Each has its own timeline, so define these clearly in your Contract Data.
Within the Time for Completion: This is the period set out in the Contract—measured from the Commencement Date and subject to valid extensions (see Clause 8.4/8.5).
Pass the Tests on Completion: Not just building—prove it works! Includes pre-commissioning, commissioning, trial runs. No pass? Not “complete.”
Submit key documents: Handover isn’t done without As-Builts (5.6), O&M Manuals (5.7), training (5.5), and any Employer’s Requirements. All must be done before Taking Over (10.1).
✅ Pro Tip: Both editions demand every “Section” and every documentation/training requirement is crystal clear in the Contract. If not? Disputes are almost guaranteed. (Set it out in the Contract Data [2017] or Appendix to Tender [1999].)
🔎 Key Differences: 1999 vs 2017 Edition
| Element | 1999 Edition | 2017 Edition |
|---|---|---|
| Tests on Completion mentioned separately | ✅ Yes (explicit in point a) | 🚫 No (bundled into definition) |
| Structure | Bulleted format (a, b) | Continuous sentence |
| Focus | Checklist-based | Narrative, condensed |
| Clarity for readers | Easier for newcomers | Needs more cross-referencing |
More on Clause 8.2 and Related Topics:
Full Clause 8.2 Guide
Tests on Completion (Clause 9)
Taking Over (Clause 10.1)
Delays & Suspension (Clause 8.4/8.5)
🔎 What Should the Contractor Watch For?
Just saying “we’re done” isn’t enough. The Contractor must check every box before calling for completion!
- Prove all Tests on Completion are passed (Clause 9).
- Obtain Engineer’s No-Objection Notices for all key documents (As-Builts, O&M Manuals, etc.).
- Deliver every contractually required component (including training, spares, etc.).
🚧 What Happens If You Miss the Mark?
- Employer may enforce Delay Damages under Clause 8.7 (1999) / 8.8 (2017).
- Engineer can refuse the Taking-Over Certificate (Clause 10.1).
- Serious breaches may trigger termination events (Clause 15).
Key Interpretations & Implications of Clause 8.2 [Time for Completion]
🎯 The real punch:
Clause 8.2 seems simple (“Finish on time”), but it’s a power clause that drives project delivery, triggers financial consequences, and activates other key clauses—like EOT (8.4/8.5), Delay Damages (8.7/8.8), Tests (9), and Taking Over (10.1).
Clause 8.2 seems simple (“Finish on time”), but it’s a power clause that drives project delivery, triggers financial consequences, and activates other key clauses—like EOT (8.4/8.5), Delay Damages (8.7/8.8), Tests (9), and Taking Over (10.1).
What Each Party Must Never Overlook 👇
For the Contractor: It’s All About the Clock ⏰
- Finish all Works/Sections—not just physically, but by:
- Passing all required Tests (Clause 9.1)
- Delivering all documents for Taking Over (10.1)
- All before Time for Completion expires
- Miss it—even slightly—and risk:
For the Employer: It’s Your Shield 🛡️
- Sets a clear deadline for handover.
- Creates financial remedy via delay damages.
- Provides legal grounds to reject incomplete work (10.1).
- Even with delay damages, you’re still entitled to full completion.
🚨 Risks & Common Traps
Trap 1: “Work is built, but tests are pending”
❌ You haven’t fulfilled Clause 8.2. Engineer may demand retesting, reject, or accept with deduction (Clause 9.4).
❌ You haven’t fulfilled Clause 8.2. Engineer may demand retesting, reject, or accept with deduction (Clause 9.4).
Trap 2: “We submitted documents, but they’re not approved yet”
Not enough! Clause 10.1 requires No-Objection Notices for all docs (10.1).
Not enough! Clause 10.1 requires No-Objection Notices for all docs (10.1).
Trap 3: “Employer was also at fault, so we’re not to blame for delays!”
This is concurrent delay. Clause 8.5 (2017) says EOT entitlement depends on contract rules or all relevant circumstances (8.5).
This is concurrent delay. Clause 8.5 (2017) says EOT entitlement depends on contract rules or all relevant circumstances (8.5).
💡 Pro Tip: Contractors should use Clause 8.2 as a strategic tool—plan backwards from completion, including buffer for testing, document approval, and training. Employers: Set realistic deadlines and list all deliverables up front.
More on Clause 8.2 & Related Topics:
Clause 8.2 Guide
Delay Damages
Tests on Completion
Taking Over Certificate
🔗 Cross-Referencing Clause 8.2: The Heart of Project Control
Clause 8.2 is the gateway—but it only opens if every key requirement behind it is in place.
Here’s how the web is woven:
Here’s how the web is woven:
Clause 8.3
Programme The roadmap to completion
➡️
Programme The roadmap to completion
Clause 8.4/8.5
EOT Extension of Time (lifeline)
➡️
EOT Extension of Time (lifeline)
Clause 9
Tests Final gate before completion
➡️
Tests Final gate before completion
Clause 10.1
Taking Over The finish line
⏪
Taking Over The finish line
Clause 8.6
Rate of Progress Acceleration, warnings, and consequences
➡️
Rate of Progress Acceleration, warnings, and consequences
Clause 8.7/8.8
Delay Damages The financial stick
Delay Damages The financial stick
Clause 8.3 – Programme:
Contractor must submit a detailed, realistic programme (not just a formality) showing how and when they’ll meet every Clause 8.2 milestone.
If the programme is weak or not followed, expect acceleration orders or disputes!
If the programme is weak or not followed, expect acceleration orders or disputes!
Clause 8.4/8.5 – Extension of Time (EOT):
EOT isn’t just for site works—if document approvals or tests (from Clause 8.2) are delayed beyond your control, you can (and must!) claim EOT—using Clause 20 notice.
Clause 9 – Tests on Completion:
Until the Works pass every test, you can’t reach Clause 8.2 completion—even if the site “looks finished.” Engineer can order retest, deduct value, or reject entirely.
Clause 10.1 – Taking Over:
The gate only opens if everything in Clause 8.2 (including tests, docs, and training) is done. Otherwise, the Engineer can lawfully refuse Taking Over.
Clause 8.6 – Rate of Progress:
If you’re falling behind, the Engineer can demand recovery measures and revised programmes—if you don’t recover, you risk paying delay damages (Clause 8.7/8.8).
🧠 Key Takeaway: Clause 8.2 is not a finish line—it’s a gateway that only opens when your programme, tests, and deliverables are all approved and complete. Slip anywhere in this chain, and you’re locked out of Taking Over—with delay damages mounting daily!
What-If Scenarios: Clause 8.2 in Action!
Scenario 1: Works are physically complete, but tests haven’t happened yet
📌 Not so fast: Clause 8.2 and Clause 9.1 require tests to be passed before Taking Over.
If the Engineer delays, Clause 9.2 lets you request the Engineer (or Employer) to proceed with tests.
If the Engineer delays, Clause 9.2 lets you request the Engineer (or Employer) to proceed with tests.
✅ Lesson: You can’t cross the 8.2 finish line without first crossing the testing checkpoint!
Scenario 2: Tests were done… but failed
Clause 9.4 allows the Engineer to reject the Works—or take over with a price reduction (Clause 9.4).
Employer may claim a deduction under Clause 11.4.
Employer may claim a deduction under Clause 11.4.
🚨 Risk: Opens the door to price disputes and value deductions.
✅ Lesson: Clause 8.2 expects full compliance with test requirements unless the Employer waives it—and that comes at a cost.
Scenario 3: Contractor submits everything, but Engineer says “Not yet”
Engineer issues the Taking-Over Certificate (Clause 10.1) only if:
Submission ≠ Approval! You need formal approval, not just proof of email.
✅ Lesson: Always track No-Objection Notice dates to prove compliance.
Scenario 4: The delay is partly the Contractor’s and partly the Employer’s
Concurrent delay! Clause 8.5 (2017) says EOT is based on the rules in the Special Provisions or, if silent, “all relevant circumstances.” (Clause 8.5)
The 1999 edition is less explicit—define concurrency in Particular Conditions!
The 1999 edition is less explicit—define concurrency in Particular Conditions!
✅ Lesson: Set out concurrency rules in your contract—don’t rely on default FIDIC text.
Scenario 5: Contractor misses the Time for Completion
Clause 8.7 (1999) or 8.8 (2017): Delay Damages are payable per day, up to the cap in the contract (8.7/8.8).
✅ Lesson: Delay Damages = financial pain, not a shortcut to completion. You must still finish the job!
Bonus: Employer wants to take over early
Clause 10.2 allows the Employer to take over parts of the Works—but this is not the same as completion under Clause 8.2. Insurance, risk, and defect periods must be coordinated.
✅ Lesson: Early use ≠ completion. Clause 8.2 still governs final completion obligations.
| Scenario | Clause Involved | FIDIC’s Stance |
|---|---|---|
| Tests not done | 8.2 + 9.1 | ❌ Not complete |
| Tests failed | 9.4 + 11.4 | Possible rejection or price cut |
| Docs submitted but not approved | 10.1 | ❌ Not complete |
| Concurrency | 8.5 (2017) | EOT depends on contract |
| Missed deadline | 8.7 / 8.8 | 💸 Delay damages apply |
| Employer takes over early | 10.2 | 🚧 Partial; 8.2 still governs |
Suggestions for Clarity and Improvement of Clause 8.2 [Time for Completion]
What’s already strong about Clause 8.2?
✅ Completion = testing + documentation + readiness for Taking Over
✅ Links time-bound delivery to Clause 9 (Tests) and Clause 10.1 (Handover)
✅ Consistency across both editions, with few contradictions
✅ Completion = testing + documentation + readiness for Taking Over
✅ Links time-bound delivery to Clause 9 (Tests) and Clause 10.1 (Handover)
✅ Consistency across both editions, with few contradictions
⚠️ Where Could Ambiguity Arise?
-
1. Ambiguity in “completion… for the purposes of taking over”
Phrase could mean different things unless you explicitly link to required tests and docs. -
2. Lack of Guidance on Delays from Document Approvals
Is Contractor at fault if Engineer is slow to respond? Timelines often missing in Clause 5.7/10.1.PC Suggestion:
“Engineer shall respond within 14 days of receipt. No response = deemed No-Objection.” -
3. No Threshold for Acceptable Test Failure
Clause 9.4’s “substantially depriving” standard is vague.PC Suggestion:
“Failure to achieve [>95% capacity], [≤2% leakage], etc., shall not be deemed substantial unless stated.” -
4. Inconsistent Section Handover Logic
Can a failed Section delay the others? Are Delay Damages sectional?PC Suggestion:
“Each Section is assessed independently for 8.2, 8.8, and 10.1 unless otherwise stated.”
✨ Bonus Enhancements Aligned with FIDIC Golden Principles
| 🔧 Area | Suggested Enhancement | FIDIC GP |
|---|---|---|
| Document Review Timelines | Add fixed review durations (e.g. 14 days) | GP4 |
| Risk Allocation in Test Failures | Define thresholds or tolerances | GP3 |
| Clear Link to Clause 10.1 Requirements | Insert explicit checklist | GP2 |
| Concurrent Delay Resolution | Reference SCL Protocol or national law | GP3 |
| Section Completion Logic | Define interdependence of Sections | GP2 |
✍️ Practical Template – Particular Condition (PC) Text for Clause 8.2
Sub-Clause 8.2 [Time for Completion] – Amended (Sample PC)
The Contractor shall complete the Works and each Section (if any) within the respective Time for Completion, including: (i) Passing all Tests on Completion as per Clause 9.1; (ii) Submission and Engineer’s Notice of No-Objection (or deemed approval) of all As-Built Records under Sub-Clause 5.6 and O&M Manuals under Sub-Clause 5.7, within 14 days of submission; (iii) Completion of any required training as per Clause 5.5. For avoidance of doubt, delay by the Engineer in providing such No-Objection shall be deemed to justify an Extension of Time.
How this template helps:
- ✅ Clarifies that completion is tied to testing, documentation, and training—not just construction.
- ✅ Sets deadlines for No-Objection responses (e.g., 14 days for docs).
- ✅ Protects Contractors—delays by the Engineer justify Extension of Time.
- ✅ Keeps risk balanced and preserves original GCs (GP1–GP4 compliant).
💡 Contract Drafting Tip:
Use templates like this as a starting point in your PCs and tailor them to your project’s specifics for best results!
Use templates like this as a starting point in your PCs and tailor them to your project’s specifics for best results!
Final Takeaways on Clause 8.2 [Time for Completion]
📌 The Big Picture:
Clause 8.2 is short, but powerful. “Completion” means all obligations, tests, documents, and eligibility for Taking Over are met. It’s your golden key to “job done.”
Clause 8.2 is short, but powerful. “Completion” means all obligations, tests, documents, and eligibility for Taking Over are met. It’s your golden key to “job done.”
- Completion isn’t just construction.
Passed tests (Clause 9), docs approved (10.1), and any training (5.5)—all required. - Programme is survival.
Clause 8.3: Your programme must actually lead to 8.2. If not, you’re off track. - Delay? Use EOT properly.
Clause 8.4/8.5: Notify early, justify, and tie it to how delays impact 8.2 completion. - Delay = Damages.
Miss the date? You’ll owe delay damages until you cross the 8.2 finish line.
🔄 How Clause 8.2 Interlocks with Others
| Connected Clause | Why It Matters |
|---|---|
| 8.3 – Programme | Tracks your path to 8.2 compliance |
| 8.4/8.5 – EOT | Adjusts Time for Completion if justified |
| 9 – Tests | Must be passed for 8.2 to be satisfied |
| 10.1 – Taking Over | Can’t happen unless 8.2 is fulfilled |
| 5.6/5.7 – Docs | Docs must be approved before completion |
| 8.6/8.7 – Progress & Damages | Monitor delays and apply financial pressure |
🛠 Drafting Suggestions for Your Contract
- 📌 List all items needed for Taking Over in the PCs.
- 📌 Define timelines for Engineer’s document approvals.
- 📌 Set clear test tolerances and failure rules.
- 📌 Clarify Section-wise completion logic.
- 📌 Align with FIDIC Golden Principles:
- GP2 – Crystal-clear obligations
- GP3 – Fair risk balance
- GP4 – Realistic, enforceable timeframes
🔑 Key Message:
Clause 8.2 is not just another deadline. It’s the contract’s finish line, and you need every milestone—tests, docs, approvals, and real progress—to cross it.
Clause 8.2 is not just another deadline. It’s the contract’s finish line, and you need every milestone—tests, docs, approvals, and real progress—to cross it.
Clause 8.2 [Time for Completion] – Compliance Checklist
Use this checklist before applying for Taking Over, or as a handover compliance tool. Hover/tap 🔍 for descriptions.
| 🆔 | ✅ Requirement | 🔍 Description | ☑️ |
|---|---|---|---|
| 1 | Physical Completion | Has the Works/Section been fully constructed? | |
| 2 | Tests on Completion | All Tests (Clause 9) passed? | |
| 3 | As-Built Records | As-Builts submitted & approved? | |
| 4 | O&M Manuals | O&M Manuals submitted & approved? | |
| 5 | Training | Training (if any) completed? | |
| 6 | Testing Notices | Notices for testing/submission given? | |
| 7 | Sectional Requirements | Sectional requirements (if any) met? | |
| 8 | Engineer Acknowledgment | Engineer acknowledged readiness? | |
| 9 | Timely Completion | Completed within deadline/EOT? | |
| 10 | Evidence Readiness | All evidence documented? |
📨 Sample Letters for Clause 8.2 Scenarios See FIDIC Guide
📩Notification of Completion of Works (Triggers Clause 10.1)
Subject: Notification of Completion of the Works and Readiness for Taking Over
Contract: [Project Name], Contract No. [XXX]
To: The Engineer
Date: [Insert Date]
Dear [Engineer’s Name],
In accordance with Sub-Clause 8.2 [Time for Completion] and 10.1 [Taking Over of the Works], we hereby notify you that the Works (or Section [specify]) have been completed in full, including:
• Successful passing of all Tests on Completion (Clause 9),
• Submission of As-Built Records and O&M Manuals,
• Completion of training requirements (where applicable).
We request that a joint inspection be scheduled to verify readiness and that the Taking-Over Certificate be issued accordingly.
Yours sincerely,
[Authorized Contractor’s Representative]
📩Request for Time Extension due to Delays Affecting Clause 8.2
Subject: Notice of Delay Affecting Time for Completion – Request for EOT
To: The Engineer
Date: [Insert Date]
Dear [Engineer’s Name],
Pursuant to Sub-Clause 8.5 [Extension of Time], we hereby give notice that completion of the Works under Clause 8.2 is likely to be delayed due to the following reasons beyond our control:
[Describe cause: e.g., late approvals, adverse weather, variations, Employer-caused delays]
This delay affects our ability to complete the Works by the current Time for Completion. We respectfully request the Engineer’s assessment and an Extension of Time under Clause 20.2 (2017) / 20.1 (1999), supported by records and updated programmes.
Yours faithfully,
[Authorized Contractor’s Representative]
📩Notification of Readiness for Tests on Completion (Relates to Clause 8.2)
Subject: Notification of Readiness for Tests on Completion under Clause 9
To: The Engineer
Date: [Insert Date]
Dear [Engineer’s Name],
As required under Sub-Clause 9.1 [Tests on Completion] and referenced in Clause 8.2, we hereby notify that the Works (or Section) are now ready for testing. Kindly find attached our proposed Testing Schedule and procedures.
Please confirm the date and time for the joint testing activities and ensure your representatives are present. These tests are essential to fulfill our obligations under Clause 8.2, enabling the Taking-Over process.
Yours sincerely,
[Authorized Contractor’s Representative]
📩Request for Confirmation of Engineer’s Acceptance of Deliverables (8.2 Deliverables)
Subject: Request for Confirmation of Acceptance – Clause 8.2 Deliverables
To: The Engineer
Date: [Insert Date]
Dear [Engineer’s Name],
We wish to confirm that all contractual deliverables under Clause 8.2 required for Taking Over have been submitted, including:
• As-Built Records (Clause 5.6),
• O&M Manuals (Clause 5.7),
• Training records (Clause 5.5),
• Testing results under Clause 9.
We kindly request your formal Notice of No-Objection or feedback on any pending items. Your timely response is necessary to proceed with the request for Taking Over under Clause 10.1.
Yours faithfully,
[Authorized Contractor’s Representative]
Subject: Request for Early Taking Over of Part of the Works
To: The Engineer
Date: [Insert Date]
Dear [Engineer’s Name],
In accordance with Clause 10.2 [Taking Over of Parts of the Works], we, the Employer, request to take over [specific part or Section] of the Works before full completion under Clause 8.2.
We understand that this early use may affect the Contractor’s remaining obligations and will coordinate with the Contractor to agree on the implications regarding access, risk transfer, and insurance.
Kindly confirm your agreement and proceed with appropriate documentation.
Yours sincerely,
[Employer’s Authorized Representative]
📖 Quick Reference:
Clause 8.2 Deep Dive |
Clause 10.1 Explained |
FIDIC Claims/Disputes (Clause 20)
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