Legal Question in Construction Law in New York

Substantial Completion & Time limit for a final inspection to be performed by ar

I am a contractor trying to finish a capital improvements job for a school district on Long Island. The date of substantial completion is not definate because a certificate was never issued. Is sub. completion met when the first punch list was issued by the architect? We also have a piece of paper filled out by the construction manager that the work was 98% completed, but it was not signed. Is there a clear definition for substantial completion. Also, a letter was faxed and mailed to the architect stating that the punch list was completed in Oct. 02', an inspection however was not performed by the architect until March 03' and at that time there were problems discovered. After numerous phone calls, the reason for this delay was due to snow. Is there a time limit according to American Architect Institute for an inspection to be performed? During this time, the architect certified a payment then without any notice decertified it, is that allowed?


Asked on 12/29/03, 6:53 pm

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Substantial Completion & Time limit for a final inspection to be performed b

Substantial completion....is like one of those "is it soup yet?" questions. It is an undefined standard based on facts present and no two cases are the same.

What does the contract state? I assume that it was an AIA contract based on your wording. What reasons were given for the de-certification, if any?

These issues are vast and varied ... but feel free to call me at 212-764-5428 with any questions. It is just too open an area to given any sort of fact-dependant advise.

Good Luck

RRG

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Answered on 12/29/03, 7:01 pm


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