Q: Can substantial completion be reached on new construction if there is not a fully functioning bathroom? Statue or code?
Contractor is claiming substantial completion took place before there was a functioning bathroom in my new house while it was under construction. Contractor’s attorney questioned me extensively in small claims court about all the plumbing fixtures in the house which lead me to believe all plumbing fixtures would have to be functioning for substantial completion to be reached. If I am right I need to know which statues or codes to use to as evidence that all plumbing fixtures would have had to be functioning for substantial completion to be reached.
A: Substantial completion means that the owner can use the improvement for the use intended. See TCA 28-3-201. There is a lot of case law on the issue. There are exceptions, such as contract terms, change orders, etc. Consult a lawyer if you need help with your case.
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