Service of a notice to complete has the effect of making time of the essence of the contract1 so that if completion does not take place on the new completion date specified in the notice the innocent party can terminate the contract immediately, forfeit or recover his deposit (as the case may be) with accrued interest and commence a claim for damages to recover his loss2. A notice to complete binds both parties and the server must be sure that he will be able to comply with the new completion date himself before serving the notice3. Once served, a
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