The Public Body may make use of the various structures, parts of structures or sections of the works forming part of the contract as and when they are completed. Any taking over of the structures, parts of structures or sections of the works by the Public Body shall be preceded by their partial provisional acceptance. However, works may in cases of urgency be taken over prior to acceptance provided an inventory of outstanding work is drawn up by the Engineer and agreed to by the Contractor and the Engineer beforehand. Once the Public Body has taken possession of a structure, a part thereof or section of the works, the Contractor shall no longer be required to make good any damage resulting otherwise than from faulty construction or workmanship.
The Engineer may, at the request of the Contractor and if the nature of the works so permits proceeds with partial provisional acceptance, provided that the structures, parts of structures or sections of the works are completed and suited to the use as described in the Contract.
In the cases of partial provisional acceptance referred to in GCC Sub-Clauses 86.1 and 86.2 the Defects Liability Period provided for in GCC Clause 88 shall, unless the SCC provide otherwise, run as from the date of such partial provisional acceptance.
The works shall be taken over by the Public Body when they have satisfactorily passed the tests on completion and a certificate of provisional acceptance has been issued or is deemed to have been issued.
The Contractor may apply, by notice to the Engineer, for a certificate of provisional acceptance not earlier than 15 days before the works, in the Contractor's opinion, are complete and ready for provisional acceptance. The Engineer shall within 30 days after the receipt of the Contractor's application either:
(sssssssssss)issue the certificate of provisional acceptance to the Contractor with a copy to the Public Body stating, where appropriate, his reservations, and, inter alia, the date on which, in his opinion, the works were completed in accordance with theContract and ready for provisional acceptance; or
(ttttttttttt)reject the application giving his reasons and specifying the action which, in his opinion, is required of the Contractor for the certificate to be issued.
If the Engineer fails either to issue the certificate of provisional acceptance or to reject the Contractor's application within the period of 30 days, he shall be deemed to have issued the certificate on the last day of that period. The certificate of provisional acceptance shall not be deemed to be an admission that the works have been completed in every respect. If the works are divided by the contract into sections, the Contractor shall be entitled to apply for separate certificates for each of the sections.
Upon provisional acceptance of the works, the Contractor shall dismantle and remove temporary structures as well as materials no longer required for use in connection with the performance of the contract. He shall also remove any litter or obstruction and redress any change in the condition of the Site as required by the contract.
Immediately after provisional acceptance, the Public Body may make use of all the works as completed.
