Partial possession: definition and example
When the client takes over part of the works early, with the main contractor's agreement.
By Jack Butler-Kettle · Updated
Guidance for England and Wales. Check the contract, amendments and facts that apply to your job.
What it means in practice
Partial possession concerns taking over part of the works before completion of the whole. Under relevant JCT provisions it can affect completion, insurance, retention and delay damages for that part. The procedure and consequences depend on the form, agreement and amendments.
Identify precisely what was taken over and when. Retention recovery can help check whether the event affects the release conditions in your own subcontract.
Worked example
The facts
An employer takes over one completed floor while work continues on the floor above.
What happens
The parties record the area, date and applicable agreement for possession.
The subcontractor checks how that event affects its package rather than assuming full completion.
What this shows
The consequences are assessed for the defined part and relevant contract, not automatically applied to the entire project.