Notice of Completion by Builder when work not completed

As per the contract and under the Act a notice of completion to be given to the owner when the construction is reached completion. And also the notice is required to state on what date it is completed. A completion is reached when the construction is completed as per plans and contract.

If this be the case why the builder gives notice before it is completed? There are a couple of things which are visible from outside are not complete, like roof tiles yet to be finished, balcony yet to be installed, electricity not done.

And if this things are not complete by the day of inspection, for which I want to have Darbecca inspector as well, Darbecca will not be able to check the work. And looks like the builders normally would put pressure to go for handover, saying that any unrectified will be done after hand over. Would you ask builder to take the notice back and reissue when the construction is completed, if you are happy to wait and time is not a constraint to avoid the pressure tactics?

Pretty sure that it should only be given if the only things outstanding are very minor. I wouldn’t be happy to pay and accept something incomplete. There is nothing to motivate them to finish the job once it’s done

Why might a builder do this? To improve their cashflow (getting you to pay the final invoice earlier) and/or stopping the clock on late completion damages (if they've run over the contracted build duration).

When this was tried on me I responded in writing stating that PC had not been reached and outlined which works and defect rectifications were required as a prerequisite.

Thanks for inputs. I too am thinking to take the same route...

I seem to have the opposite. My house seems completely finished, but I haven't had any notice yet


My contract says the below

Owner to provide signed defects list to Builder in certain circumstances

If at the final inspection of the Works the Owner claims any defects exist, or the Works are in any
way incomplete or not in accordance with the Plans or Specifications, then the Owner must at
that inspection give to the Builder a written list specifying such items and both the Builder and the
Owner will sign this list and each will retain a copy. Notwithstanding the fact that the Builder signs
the list provided by the Owner, the Builder’s signature is not an admission that the alleged defects
or incomplete items exist in the Works.

17.6 Builder will complete the works within 21 days of receipt of a signed defects list

The Builder will complete any necessary outstanding items listed on the signed defects list as
required by this Contract within twenty-one (21) Days or if necessary Materials are unavailable,
within a reasonable period after receiving a signed defects list under Clause 17.5.