[Direct answer]It shall be determined according to three different circumstances. The relevant regulations specify that: Where there is a dispute over the actual completion date of the construction project, if the construction project has passed the completion acceptance and is qualified, the date of passing the completion acceptance shall be the completion date; if the contractor has submitted the completion acceptance report and the employer delays the acceptance, the date of the contractor's submission of the acceptance report shall be the completion date; if the construction project has not undergone completion acceptance and the employer uses it without authorization, the date of transferring possession of the construction project shall be the completion date. In other words, the employer's delay in acceptance cannot postpone the completion date. The date of the contractor's submission of the acceptance report can be regarded as the completion date. The key is to prove that the acceptance report has been submitted and to keep the delivery receipt and the supervision records.

I. Problem background and typical scenarios

After the project was completed, the contractor submitted the acceptance report, but the employer failed to organize the acceptance for months. On the surface, this was just a procedural delay, but it had significant practical implications: the completion date affects the calculation of the contractual penalty for project delays, the start of the warranty period, and the payment deadlines and overdue interest for the project. If the contractor fails to assert their rights in a timely manner, they may face a counterclaim for late completion and be put in a passive position.

II. Key points of dispute

First, the application order and conditions of the three identification situations; second, the proof standard for "having submitted the acceptance report"; third, the identification and consequences of the employer's unauthorized use; fourth, the impact of the completion date on the breach of contract penalty, warranty period, and interest; fifth, the handling when there are special provisions in the contract.

III. Professional analysis by Henglue Lawyers

The first step is to categorize the situation into three scenarios. If the project passes the acceptance inspection, the date of acceptance shall be deemed the completion date; if the contractor submits the acceptance report but the employer delays the acceptance, the date of submission shall be deemed the completion date; if the employer uses the project without completing the acceptance inspection, the date of transfer of possession shall be deemed the completion date. These three scenarios correspond to different evidentiary focuses, and the contractor should accurately determine which scenario applies to their situation.

At the second level, the proof of "submission" is the core. Submitting the acceptance report should be supported by receipt records, mailing certificates, supervision signatures, correspondence or delivery receipts, etc. If there is only an oral notification, it is often difficult to be accepted. Therefore, the contractor should fix the evidence when submitting it and simultaneously urge the employer to organize the acceptance and form a written correspondence.

The third layer is that the consequences of unauthorized use should be clear. If the employer unilaterally uses the project without completing the acceptance, they usually cannot claim rights on the grounds that the quality of the used part does not meet the agreement, but the contractor should still bear responsibility for the quality of the foundation and main structure within a reasonable service life. This rule actually accelerates the determination of the completion date and limits the scope for the employer to delay settlement due to quality issues.

Fourthly, the impact should be evaluated comprehensively. The completion date not only determines whether there is a penalty for breach of the construction period and the amount of the penalty, but also relates to the starting point of the warranty period and the payment of the project funds. When handling such cases, Henglue Lawyers usually first sort out the timeline of submitting the acceptance report, and then calculate the construction period and interest based on this, so as to avoid being on the defensive in multiple disputes and form a complete system of defense and claims.

IV. Practical suggestions and legal basis

First, after completion, submit the written completion and acceptance report in a timely manner and obtain the delivery receipt. Second, simultaneously urge the employer to organize the acceptance, and keep the correspondence and communication records. Third, if the employer uses the project without authorization, fix the evidence of possession in a timely manner. Fourth, calculate the construction period and interest according to the determination rules, and prepare the settlement claims. Fifth, if necessary, confirm the completion date and unpaid project funds through litigation. Main legal basis: Article 9 and Article 14 of the Interpretation of the Supreme People's Court on the Application of Law in the Trials of Construction Contract Disputes; the specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

The three dates for completion are as follows: the date of acceptance if the acceptance is qualified, the date of submission of the acceptance report if the acceptance is delayed, and the date of unauthorized use if the possession is transferred. When submitting the acceptance report, it is necessary to keep the delivery certificate. Oral reminders do not count. The dates affect the breach of contract penalty, the warranty period, and interest. It is necessary to clarify the timeline first. For matters involving real estate sales and construction projects, you can consult a lawyer for further assistance.Real estate transactions and construction projectsThe service obtains an overall solution, which involves the fulfillment of the contract and can be combined with other services.Business and contract disputes in enterprisesFor reference, you can check the section related to the enforcement of project paymentsCreditor's rights and debts, and enforcement casesFor columns, those who need comprehensive solutions can consult us for adviceSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: If the client refuses to conduct the acceptance inspection, how should the completion date be calculated?

If the contractor has submitted the completion and acceptance report but the employer delays the acceptance, the date on which the contractor submits the acceptance report shall be deemed the completion date. Therefore, it is necessary to obtain delivery receipts, mailing records, or supervisor's signature confirmations when submitting the report, to avoid losing favorable determinations due to the inability to prove the submission time.

Q2: What evidence is required to prove that the acceptance report has been submitted?

These include acceptance reports and signing records, mailing and express delivery receipts, supervision signatures and meeting minutes, correspondence and chat records, and delivery receipts. The evidence should show the submission time, the recipient, and the content, forming a complete chain of evidence.

Q3: How much is the attorney's fee for a dispute over the completion date?

The fees are subject to market regulation and are usually negotiated based on the subject matter and workload, with separate charges for appraisal, preservation, and enforcement. If the fees are handled together with the settlement of the project payment, the fees will be evaluated based on the overall subject matter. It is recommended to clarify the scope of services and the charging method before signing the contract, and to list the expenses paid on behalf of the client separately.

Q4: How long does it take to handle such cases?

The first-instance trial generally follows a simplified procedure lasting three months and an ordinary procedure lasting six months, while the second-instance trial typically lasts three months. Cases involving cost or quality appraisals may require additional time. It is recommended to finalize the acceptance and collect evidence as soon as possible, and simultaneously claim the outstanding project payments and interest.

Q5: Is it considered as completion if Party A uses the project without authorization?

In the third case, the completion date shall be the date on which the contractor transfers possession of the construction project. After the employer uses the project without authorization, the employer generally cannot claim rights on the grounds that the quality of the used part does not conform to the agreement, but the contractor shall still bear responsibility for the quality of the foundation and main structure within a reasonable service life.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.