What is the actual completion date of the project?

The paragraph of the construction contract (model text) of China's construction project stipulates that the date on which the contractor submits the completion acceptance report is the actual completion date when the project is completed and accepted. If the project passes the completion acceptance after being modified according to the requirements of the employer, the actual completion date shall be the date on which the contractor submits the project to the employer for acceptance after the modification.

The date on which all works of the construction project, including productive and non-productive construction, are actually completed.

A) the construction project after the completion of acceptance, to the date of completion acceptance as the date of completion;

2) If the contractor has submitted the completion acceptance report and the employer delays the acceptance, the completion date shall be the date on which the contractor submits the acceptance report;

3) Construction|If the project is used by the employer without completion and acceptance, the date of transfer of possession of the construction project shall be the date of completion.

Obviously, it should be the time for the completion acceptance to pass.

Lawyer Deng Chunlai: What is the completion date?

The time when the completion acceptance was passed.

See if there is a dispute between the two parties.

1. No dispute The completion date shall be the date on which the contractor submits the application report for the completion and acceptance of the project.

2. Disputed determination of the actual completion date in accordance with the judicial interpretation:

If the construction project passes the completion acceptance, the completion date shall be the date of completion and acceptance;

If the contractor has already submitted the completion acceptance report, and the employer delays the acceptance, the completion date shall be the date on which the contractor submits the acceptance report;

If the construction project has not been completed and accepted, and the employer uses it without authorization, the date of transfer of possession of the construction project shall be the date of completion.

The completion date referred to here means the determination of the actual completion date.

Determination of the completion date:

1. The date of completion confirmed by both parties;

2. If the construction project passes the completion acceptance, the completion date shall be the date of completion and acceptance;

3. If the contractor submits the acceptance report and the employer delays the acceptance, the date on which the contractor submits the acceptance report shall be the completion date.

[Legal basis].

Article 9 of the Interpretation (I) on Issues Concerning the Application of Law in the Trial of Cases of Contract Disputes over Construction Projects.

Where the parties have a dispute over the actual completion date of the construction project, the people's court shall make a determination in accordance with the following circumstances:

A) the construction project after the completion of acceptance, to the date of completion acceptance as the date of completion;

2) If the contractor has submitted the completion acceptance report, and the employer delays the acceptance, the completion date shall be the date on which the contractor submits the acceptance report;

3) If the construction project has not been completed and accepted, and the employer uses it without authorization, the date of transfer of possession of the construction project shall be the date of completion.

Legal analysis: The completion date of the project shall be subject to the date on which the contractor submits the completion acceptance report at the time of project acceptance. If the employer requests that the modification is passed and accepted, the actual completion date shall be the date on which the contractor submits the modification to the employer for acceptance.

If there is no agreement in the construction contract or the agreement is unclear, the date of completion shall be the date of completion and acceptance.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Law on Slag in the Trial of Cases of Disputes over Construction Contracts" Article 14 If the construction project is qualified by completion and acceptance, the date of completion and acceptance shall be the completion date; If the contractor has submitted the completion acceptance report, and the employer informs the employer that the acceptance is delayed, the date on which the contractor submits the acceptance report shall be the completion date; If the construction project has not been completed and accepted and the employer uses it without authorization, the date of transfer of possession of the construction project shall be the date of completion.

Legal analysis: 1) If the construction project passes the completion acceptance, the completion date shall be the date of completion and acceptance; 2) If the contractor has submitted the completion acceptance report and the employer delays the acceptance, the completion date shall be the date on which the contractor submits the acceptance report; 3) If the construction project has not been completed and accepted, and the employer uses it without authorization, the date of transfer of possession of the construction project shall be the date of completion. Completion of the project refers to the completion of the formalities theoretically as long as all the equipment is installed.

However, if it does not affect the overall acceptance, the project will still be completed. Completion acceptance refers to the completion of the construction project after the development and construction unit together with the design, construction, equipment and engineering quality supervision department, whether the project meets the planning and design requirements and the quality of construction and equipment installation to conduct a comprehensive inspection, and obtain the completion of qualified information, data and vouchers. It should be pointed out that the completion acceptance is based on the phased acceptance, and the projects that have completed the acceptance before are generally not re-accepted when the completion acceptance is completed.

Legal basis: Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts

Article 13 If the construction project has not been completed and inspected by the state, and the employer uses it without authorization, and claims rights on the grounds that the quality of the used part does not conform to the agreement, it shall not be supported; However, the contractor shall bear civil liability for the quality of the foundation works and the main structure within the reasonable service life of the construction project.

Article 15 Before the completion of the construction project, the parties have a dispute over the quality of the project, and the quality of the project is qualified, the appraisal period is the extension of the construction period.

Derivative question: What conditions should be met for the completion and acceptance of construction projects?

1) Complete the construction project design and the contents agreed in the contract; (B) have a complete technical file and construction management information; (C) the main building materials, building accessories and equipment used in the project approach test report; (D) survey, design, construction, engineering supervision and other units signed by the quality of the documents; (5) There is a project warranty signed by the construction unit. If the construction project experience is qualified, it can be delivered.