Common use of Before Substantial Completion Clause in Contracts

Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion…” [10] The parties entered into a contract on 1st September 2006. By that contract, the respondent, DCG Properties, employed the appellant, White Construction, to develop an 18-hole signature championship golf course and driving range in Saint Lucia. This was to be a part of the ▇▇ ▇▇▇▇▇▇▇ Golf Course Project, which was designed by ▇▇▇▇ ▇▇▇▇▇▇ Golf Course Designs. DCG is a property developer engaged in the development of golf courses. The contract price was US$9,877,753.00. The commencement date was 1st September 2007. By a modification agreement dated 12th June 2007, the parties agreed that the completion date was to be 30th September 2008. [11] A dispute arose between the parties during the performance of the contract. DCG Properties gave notice to White Construction of its (DCG’s) intention to terminate the employment of White Construction. In turn, White Construction purported to terminate the contract. DCG Properties refused that purported termination on the ground that it was not done in accordance with the contractual provisions. White Construction eventually referred the dispute to arbitration, pursuant to clause 4.6 of the agreement. DCG Properties unsuccessfully challenged the arbitrator’s jurisdiction. Having failed in this challenge before the arbitrator, DCG instituted proceedings in the court in Saint Lucia on essentially the same grounds on which it had challenged the arbitrator’s jurisdiction. [12] In its fixed date claim before the court, DCG sought the following declarations: