Substantial completion is a crucial milestone in the course of a construction project. Recognition that a project can be occupied and used for its intended purpose carries significant contractual and financial ramifications. The two cases in this issue involve the responsibility for a necessary element of the work and a contract definition of substantial completion.
A subcontractor argued it had not been responsible for work that was required for timely occupancy of a public school project. The Wyoming Supreme Court refused to accept the sub’s interpretation of a drawing note, saying it was contrary to common use and understanding of the language.
In today's second case, a project's contract documents required a certificate of occupancy from a public agency, using an acronym to identify the agency. Unfortunately, the acronym could be used as shorthand for two separate agencies, one municipal and one state. Fortunately, a separate section of the documents clarified the matter.
