Understand the legal implications of substantial versus final completion and how to properly close out a project.
The terms substantial completion, final completion, and completion are terms of art in construction. They have generally understood meanings and are the subject of contract and case law. These terms can mean different things in different contexts, such as in the warranty, payment, and mechanic's lien contexts. Owners, contractors, subcontractors, and construction lenders need to understand how to properly close out a project, including the various steps required to achieve these major milestones and the legal implications of substantial versus final completion, particularly when it comes to payment rights. This topic is designed to demystify these concepts in practical terms.
Learning Objectives
- You will be able to define and distinguish substantial completion from final completion.
- You will be able to identify when a project is complete for different purposes.
- You will be able to discuss key contract provisions which relate to completion.
- You will be able to describe the steps needed to bring a project to final completion.
64 minutes
Course Exam
Certificate of Completion
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Agenda
Why the Terms Substantial and Final Completion Are Important
- What Do the Terms Substantial and Final Construction Mean
- Completion Means Different Things in Different Contexts
- Payment
- Release of Retention
- Warranty
- Mechanics' Liens
The AIA Approach to Substantial and Final Completion
- Terms Defined
- Key Contract Provisions
- Payment Implications
- When Does the Warranty Period Start
How to Determine When a Project Is Substantially or Finally Complete
- Owner Occupancy as a Measuring Stick
- When Punch Work Remains
- Project Closeout Records
- The Closeout Process
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Credits
OnDemand Course
Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.
This course was last revised on March 28, 2023.
Call 1-866-352-9540 for further credit information.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- NH MCLE 1.0
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- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
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- FL ENG 1.2
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- GA ENG
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- ID ENG 1.0
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- IL ENG 1.0
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- KY ENG 1.0
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- LA ENG
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- MD ENG 1.0
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- MS ENG
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- MT ENG 1.0
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- NC ENG 1.0
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- NH ENG 1.0
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- NJ ENG 1.0
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- NV ENG 1.0
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- PA ENG 1.2
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- SC ENG 1.0
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- TN ENG
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- TX ENG
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- UT ENG
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- VA ENG 1.0
- This program is applicable for 1.0 hours of continuing education through the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects (APELSCIDLA BOARD).*
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- VT ENG
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- WI ENG 1.0
- This course is applicable for a maximum of 1.0 hours toward the PDH requirement for engineers.*
*The Wisconsin Engineer Section has final authority on the acceptance of individual courses and providers.
- WV ENG 1.0
- This course is applicable for 1.0 professional development hours for engineers.*
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- WY ENG 1.2
- This course is applicable for 1.2 professional development hours for Wyoming engineers.*
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- ICC 0.1
- Lorman Education Services is an International Code Council Preferred Provider. This event is approved for 0.1 CEU's through ICC.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Robert G. Campbell
Cox, Castle & Nicholson LLP
- Partner in the Century City office of the California law firm Cox, Castle & Nicholson LLP
- Has practiced construction law for 41 years and has tried and arbitrated numerous construction disputes to judgments
- Clients are project owners, prime contractors, design professionals, construction managers, construction lenders, subcontractors, and other project participants in disputes ranging broadly in size and sophistication on both public and private works
- Among the claims categories he resolves are scope of work disputes, design professional liability, delay, disruption, productivity, mechanic’s lien and bond enforcement, disputed change orders, defective work, terminations, differing site conditions, licensing, and bid protests
- Recognized as a leading construction lawyer: Who’s Who Legal: Construction, 2017-2023; Southern California Super Lawyers, 2012-2023; and recommended attorney, real estate - construction, Legal 500 USA, 2017-2023
- J.D. degree, University of Southern California; B.A. degree, University of California, Los Angeles
- Can be contacted at [email protected] or 310-284-2259
Bryan Forbes
Primus Consultants
- President of Primus Consultants and an experienced claim analyst and expert witness in the construction field
- Industry experience includes heavy civil works construction projects, commercial projects, and residential; this extensive hands-on field experience provides the foundation of his ability as a claim analyst and expert witness
- Has testified more than 60 times as an expert witness on a variety of project types, including transportation, mass excavation, commercial structures, infrastructure, and residential buildings
- Participated in numerous negotiation sessions between owners and contractors, as well as between contractors and subcontractors
- As a testimonial expert, he has developed exceptional presentation skills that allow for concise and clear delivery of opinions and findings in all venue types
- B.S. degree in civil engineering, University of California, Irvine
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