public sector standard conditions of contract for design and build 2008

16.2 Reduction of Liquidated DamagesIf, before the Time for Completion has expired, the Superintending Officer has issued aCertificate of Substantial Completion in respect of any part of the Works (or, where applicable,in respect of any part of any phase or part of the Works set out in the Appendix), the Contractorshall nevertheless remain liable for liquidated damages for any failure to complete theremainder of the Works by the Time for Completion but such liquidated damages in respect ofthe remainder of the Works (or, where applicable, in respect of the remainder of that particularphase or part of the Works) shall, for any period of delay after the date stated in suchCertificate of Substantial Completion, and in the absence of alternative provisions in theContract, be reduced in the proportion which the value of the part so certified bears to the valueof the whole of the Works (or, where applicable, of that particular phase or part of the Works).16.3 Employer's Common Law Rights for DamagesIn the event that the Employer for whatever reason shall not be entitled in law to recoverliquidated damages, the Employer shall remain entitled to recover such loss, expense, costs ordamages as he would have been entitled under common law as if the provisions in this Clauserelating to the payment of liquidated damages had not formed part of the Contract. TheContractor's liability to pay the Employer such loss, expense, costs or damages shall not belimited in any way whatsoever by the amount of liquidated damages for which he mightotherwise have been liable.16.4 Extension of Time During Delay PeriodFor the avoidance of doubt, if the Contractor shall have failed to complete the Works or anyphase or part of the Works by the Time for Completion and the execution of the Worksthereafter is delayed by any of the events set out in Clause 14.2(g) to (p) inclusive, theEmployer's right to liquidated damages shall not be affected thereby but, subject to complianceby the Contractor with Clause 14, the Superintending Officer shall grant an extension of timepursuant to Clause 14. Such extension of time shall be added to the Time for Completion of theWorks (or of the relevant phase or part).17 SUBSTANTIAL COMPLETION17.1 Certificate of Substantial Completion(1) When the Contractor considers that the whole of the Works have been substantiallycompleted, and where applicable, where the Temporary Occupation Permit has beenobtained by the Contractor, he may give notice in writing to that effect to theSuperintending Officer accompanied by an undertaking, in the prescribed form, tocomplete any outstanding work during the Defects Liability Period. Within 21 days ofthe receipt of such notice and undertaking the Superintending Officer shall either:(a)issue to the Contractor a Certificate of Substantial Completion, with a copyto the Employer, stating the date on which in his opinion the Works weresubstantially completed in accordance with the Contract; or(b)give instructions in writing to the Contractor specifying all the works whichin his opinion are required to be done by the Contractor before the issue of aCertificate of Substantial Completion.___________________________________________________________________________________Public Sector Standard Conditions of Contract for Design and Build (Fifth edition December 2008) 26