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Substantial Completion Calculation

Substantial Completion Calculation

Substantial Completion Calculation

(OP)
I'm looking for a consensus (or definitive answer) on calculating the substantial completion date of a construction contract based on a contract time in calendar days and a Notice to Proceed Date. EJCDC C-700 section 17.02 Computation of Times says "When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period."

So my question, as an example, would be a Notice to Proceed of June 1, 2010 with a contract time of 21 calendar days. Is the project to be substantially complete by the end of the day on June 21st (21 calendar days, including June 1st) or by the end of the day on June 22nd (not counting June 1st as a calendar day)?

Thanks for any advice or opinion.

 

RE: Substantial Completion Calculation

Normally, it would be the end of day June 22.

If you had stated an hourly time and date on the notice to proceed, it would be the houry time on June 22.

The commencement of Contract time is actually listed in Section 2.03 and in the notice to proceed.


2.03    Commencement of Contract Times; Notice to Proceed

    A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier.
 

RE: Substantial Completion Calculation

(OP)
Thanks.

RE: Substantial Completion Calculation

Agree...end of day, June 22.

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