What does “Time for Completion” really mean?
- ✅ Duration runs from the Commencement Date to the final, all-done moment (deep-dive guide).
- ✅ Completion requires:
🧪 Tests on Completion passed (Clause 9)
📑 Handover documents submitted
🛠️ Everything needed for Taking-Over (Clause 10.1) - ✅ The period is fixed in the Appendix to Tender (1999) or Contract Data (2017).
Planner: Time-to-Completion
Enter your Commencement Date + the allotted days. We’ll compute the planned TOC date and % elapsed.
Planned TOC: –
Enter data to calculate days remaining.
Why 8.2 matters
- ✅ Triggers Taking-Over choreography (Clause 10.1).
- ✅ Anchors EOT analysis and notices (20.2 Claim guide).
- ✅ Miss the finish line and delay damages may apply (Clause 8.7).
From Start to Finish Line
- Time for Completion stated in Appendix to Tender.
- “Completion” links to readiness + relevant tests for that form.
- TOC triggers under Clause 10 after readiness.
- Time for Completion in Contract Data (Parts A/B).
- Emphasis on passing Tests on Completion + documented readiness.
- More explicit cross-refs to notices/records for TOC.
Tip: Keep your Contract Data synchronized with programme updates so EOT and LD logic stays defensible.
Letter 1 — Early Notice of Likely Delay (EOT intent)
Refs: 8.2, 8.4/8.5 (as applicable), 20.2 (2017)
Subject: Early Notice of Likely Delay Impacting Time for Completion – [Project] Dear [Engineer/Employer’s Representative], We notify a likely delay to the Time for Completion under Sub-Clause 8.2 due to [describe cause]. The event commenced/was discovered on [date]. It is affecting [activities/critical path reference]. We will submit particulars supporting an Extension of Time and associated costs (if applicable) under Sub-Clause 20.2. Mitigation measures initiated: [list]. We will keep you updated. Yours faithfully, [Contractor]
Letter 2 — Readiness for Taking-Over (pre-TOC nudge)
Refs: 8.2, 9, 10.1
Subject: Notice of Readiness for Taking-Over – [Project/Section] Dear [Engineer/Employer’s Representative], In accordance with Sub-Clause 8.2 and 10.1, we confirm the Works/[Section] are ready for Taking-Over. Tests on Completion have passed, and handover documentation (O&M manuals, as-builts, warranties) is submitted. Please arrange inspection and issue the Taking-Over Certificate within the contractual period. Yours faithfully, [Contractor]
“…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.
“…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?
- 1999 explicitly splits out tests and other deliverables.
- 2017 bundles everything as “completion”, tightening cross-references and reducing ambiguity.
- Part of the shift to a more integrated, obligation-linked structure across 2017 forms.
- Clearer checklists to avoid delay damages.
- Milestones align with 8.4/8.5 EOT notice logic.
- Benchmark delivery; apply remedies if missed.
- Confidence in handover readiness.
- Certifies completion referencing Clause 8.2.
- Ensures alignment with Clause 9 (Tests) & Clause 10 (Taking Over).
- Is failing a minor test enough to block Taking-Over?
- Can the Employer refuse handover for one pending document?
Now, everything for Taking-Over must be done. “Completion” is contractual and procedural, not just physical.
Golden Principle 3 Duties, rights, obligations, and risks must be clearly stated.
Let’s look at the verbatim FIDIC clause texts and decode what they really mean for your project success.
“ 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]. ”
“ 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?
🔎 Key Differences: 1999 vs 2017
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 |
Watchlist (Keep your eye on these)
- 🧪Prove all Tests on Completion are passed (Clause 9).
- 📝Obtain Engineer’s No-Objection Notices for key documents (As-Builts, O&M Manuals, etc.).
- 📦Deliver every contractually required component (including training, spares, etc.).
0/6 complete — Risk: Low
Red Flags detector
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- 💸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).
📝 Quick Check (2 questions)
Key Interpretations & Implications of Clause 8.2 [Time for Completion]
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).
- 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:
- 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.
Implications Meter
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Toggle the checks to generate a memo…
❌ You haven’t fulfilled Clause 8.2. Engineer may demand retesting, reject, or accept with deduction (Clause 9.4).
Not enough! Clause 10.1 requires No-Objection Notices for all docs (10.1).
This is concurrent delay. Clause 8.5 (2017) says EOT entitlement depends on contract rules or all relevant circumstances (8.5).
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:
Programme The roadmap to completion
EOT Extension of Time
Tests Final gate before completion
Taking Over The finish line
Rate of Progress Acceleration & warnings
Delay Damages The financial stick
If the programme is weak or not followed, expect acceleration orders or disputes!
0/6 scenarios explored — Understanding: Getting started
What-If Scenarios: Clause 8.2 in Action!
If the Engineer delays, Clause 9.2 lets you request the Engineer (or Employer) to proceed with tests.
Employer may claim a deduction under Clause 11.4.
The 1999 edition is less explicit—define concurrency in Particular Conditions!
Scenario Console
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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]
✅ 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
-
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.”
🔧 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 |
Policy Tuner — Draft your Particular Conditions
Toggle what you want to tighten. Adjust sliders to set times/tolerances. We’ll draft clean PC language for Clause 8.2 linkages.
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Original Sample PC Text (Static)
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.
- ✅ 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).
PC Builder — Generate Your Tailored Text
Toggle features and set values. We compile clean, ready-to-paste Particular Conditions language for 8.2 linkages.
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Final Takeaways on Clause 8.2 [Time for Completion]
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.
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 |
- 📌 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
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
🆔 | ✅ 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? |