Submission

Online Briefing: Handover and Taking into Use under AB/ABT 18

Handover is a crucial milestone in any construction project. It is generally considered to take place at the moment of the formal handover procedure, unless significant defects are identified that justify postponing handover. This moment has important legal consequences: it is typically when the risk for the construction passes to the employer, the contractor’s liability period for defects begins, and the security/guarantee is reduced. At the same time, many practical questions arise about how handover should be carried out and how it differs from taking the works into use.

In this online briefing, we take a closer look at the rules on handover under AB 18 and ABT 18, highlight key points of attention during the handover procedure, and explain the legal consequences of both handover and taking into use of the works.

Who is this briefing for?

This session is designed for professionals involved in construction and infrastructure projects, including:

• Employers/clients and their advisers
• Contractors and subcontractors
• Project managers and site managers
• Technical consultants, engineers and architects
• In-house counsel and legal practitioners working with AB/ABT 18 contracts

You will benefit whether you are directly responsible for conducting handover meetings or you simply need a clear understanding of the legal and practical implications of handover in your projects.

What you will learn

The briefing will provide a structured walkthrough of the handover phase under AB/ABT 18, focusing on both legal and practical aspects. Among other things, we will cover:

• When handover has taken place under AB/ABT 18 – what must be in place for handover to be considered completed, and how the formal handover procedure is conducted in practice.
• Procedure at the handover meeting – how to plan and carry out the handover meeting, documentation requirements, and how to handle and record identified defects.
• Handling of defects at handover – assessment of whether defects are so significant that they prevent handover, and how minor and major defects should be dealt with in the protocol and subsequent follow-up.
• Legal consequences of handover – including transfer of risk for the works to the employer, the starting point for the contractor’s defect liability period, and the reduction of security/guarantee.
• Handover vs. taking into use – the distinction between formal handover and the employer’s taking the works into use, and why this difference is important in practice for the parties’ rights and obligations.

Why this topic matters

Misunderstandings around handover and taking into use can lead to disputes about responsibility for defects, delays, additional costs and insurance coverage. By gaining a clear understanding of the rules in AB/ABT 18 and the typical pitfalls in the handover process, you will be better equipped to:

• Plan and conduct handover meetings efficiently
• Reduce the risk of conflicts between employer and contractor
• Ensure that rights and obligations are clearly defined at the transition from construction to operation
• Document the condition of the works in a way that stands up in case of later disagreements

This online briefing offers practical, legally grounded insight that you can apply directly in your current and future projects under AB/ABT 18.