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Oil and Gas Completion Disputes Are Often Performance Evidence Disputes

Oil and Gas Completion Disputes Are Often Performance Evidence Disputes

Mechanical completion, pre-commissioning, commissioning and performance acceptance must be separated clearly. Ambiguity at completion can create major payment and liability disputes.

Perspective

Oil and gas projects often move through multiple completion stages: mechanical completion, pre-commissioning, commissioning, start-up, performance testing, provisional acceptance and final acceptance. Each stage may carry different contractual consequences. Payment, retention release, delay damages, defects liability and performance liability may all depend on the exact status achieved.

Disputes arise when the parties use completion language loosely. A facility may be mechanically complete but not ready for commissioning. A system may be commissioned but not performance accepted. A punch list may be minor for one purpose but critical for another. The contract should define these stages, and the project should administer them rigorously.

Completion evidence should include certificates, test records, punch lists, exception lists, performance data, operator handover records, safety approvals and correspondence.

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This article is general professional insight and is not legal advice. Contract rights and procedures depend on the governing law, contract wording, project facts, notices, records and dispute forum.

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