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TOC in Construction - A Comprehensive Guide
Posted: Nov 04, 2022
TOCs in construction essentially mean that the contractor has finished the work and a few details remain to be completed. By using this legal document, the employer is able to use and assume responsibility for the work in a safe and responsible manner. It is therefore imperative that all these aspects are detailed in this document in order to avoid any inconveniences.
The purpose of this article is to give you a better understanding of how TOC works in construction and when it occurs. Here is what we are going to reveal to you about TOC:
TOC (Taking over Certificate) is a document that certifies that work has been completed and that the occupation is safe. A Taking over Certificate in construction must be issued by an engineer who inspects the work.
While it does not imply that the construction must be completed, it rather indicates that it is habitable. Further, with the help of this legal document (TOC) the engineer releases the first installment of guarantee retention with this document.
This is the amount that the client retains if the contractor fails to complete the project in accordance with the contract. Further, although the amount varies, it is generally 10% of the total contract price. Similarly, if the contractor fails to complete the work as agreed, the employer may hire another contractor to complete the job.
When Does TOC in Construction Occur?
Obtaining the Taking over Certificate is only possible when the contractor has complied with all the requirements of the contract. In addition, this is the only way that the work is legally finished.
Consequently, the contracts between employers and contractors must establish the guidelines for the approval of the work. These guidelines are common as follows:
As soon as the TOC is in place, the employer takes possession of and risks the work. It is therefore imperative that the latter obtain adequate insurance as soon as the finished project is delivered. Moreover, this insurance must cover damages, destruction, or loss of use.
What is the Role of a Legal firm in TOC in Construction?
A TOC is a beneficial tool for both employers and contractors in construction. As for the contractor, he is free to work on the project and receives the guaranteed retention payment. As for the employer, he receives the completed work and a guarantee that any defects will be repaired.
It may, however, have legal repercussions if the TOC is denied by the engineer or employer for unjustifiable reasons. In this regard, if you are located in Dubai and ever need legal assistance, then you should contact the best marketing front for legal firms named dubailawyer.ae since they can help you connecting with professional lawyers in Dubai so you can get your legal documentation done efficiently.
Pervaiz Ahmed | MBA | Digital Marketing | SEO™ | SMO | Content Creation | Freelance SEO Consultant | Sagitario