jbcc minor works

Guidance notes (delete column when document has been compiled and change Page Setup from landscape to portrait)

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C.1.2 Contract Data

The Conditions of Contract are the JBCC Series 2000 Minor Works Agreement (Edition 4.0), published by the Joint Building Contracts Committee. Copies of these documents may be obtained from the Association of South African Quantity Surveyors (011-3154140), the Master Builders Association (011-205-9000) the South African Association of Consulting Engineers (011-4632022) or the South African Institute of Architects (011-4860684).

Each item of data given below is cross-referenced to the clause in the Conditions of Contract to which it mainly applies.

Part 1: Data provided by the Employer

Clause Data

Contract 1 of 6 C1.2 Part C1: Agreements and Contract Data Contract Data: Part 1 Reference no . . . . . . . . . . . . . .

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1.1

1.2

The Employer is.

Name:

The address of the Employer is:

Address (physical): Address (postal): Telephone: . Facsimile: e-mail:

VAT registration number:

Insert data. Delete email field if not a means of communication and VAT number if not applicable.

1.16.1

The Principal Agent is:

Name:

Address (postal) Telephone: Facsimile: e-mail:

Enter data. Delete email field if not a means of communication.

1.16.1.9

The Agent (1) is:

Name:


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1.16.1.9

The Agent (2) is:

Name:




1.15.2

The Agent (3) is:

Name:



The interest of the principal agent or other agents in the project as follows:

Delete row if the principal agent or other agents have no interest other than a professional one or state what the interest is.

1.1 The works comprise Describe works in general terms

1.1 The site is Describe the land or place, on, over, under in or through which the works are to be executed.

1.1 The bills of quantities have been drawn up in accordance with the measurement system stated in Part 2: Pricing Data

Delete if bills of quantities are not used.

1.1 The contract documents are listed in Form of Offer and Acceptance

1.1 The contract drawings upon which the accepted tender is based are listed in Part 3: Scope of Work

1.1 The contract sum is the offered total of prices inclusive of VAT as stated in the Form of Offer and Acceptance

1.7 The governing law is the law of South Africa Amend statement if law other than South African law is to apply.

Existing premises occupied Enter “will be” or “will not be”

The specific requirements for the occupation of existing premises are Delete row if there are no requirements or state the employer’s requirements. Alternatively state “established in Part 3: Scope of Work”

2.2 The contractor is to provide a variable construction guarantee. Delete row if contractor is permitted to make choices regarding the variable construction guarantee or retention in Part 2 of the Contract Data.

2.3, 13.9 The security will be in the form of retention. Delete row if contractor is permitted to make choices regarding the variable construction guarantee or retention in Part 2 of the Contract Data.


2.6, 7.1.1 Waver of the contractor’s lien or right on continuing possession Delete row unless employer is prepared to provide a payment guarantee. (Row invariably deleted by public sector clients)

3.4.1 Public liability insurance is to be effected by the for the sum of R with a deductible in an amount R

Delete row or insert “employer” or “contractor” and the monetary value of the sum insured and the deductibles. Alternatively, where the contractor is responsible for the insurance, state for the deductible “that the contractor deems appropriate”

3.4.2 Contract works insurance is to be effected by the for the sum of not less than the contract sum with a deductible in an amount

Insert “employer” or “contractor” and either “of R x” i.e. the monetary amount of deductible if the employer is responsible for the insurance, or state “that the contractor deems appropriate”

3.4.3 Support insurance to be effected by the for the sum of with a deductible of R Insert “employer” or “contractor” and monetary value of insurance and deductible.

5.1.3 Possession of the site is to be given Provide a date e.g. “ by 21 July” or state “within ten working days after the contractor receives one fully completed original copy of the Form of Offer and Acceptance, including the schedule of deviations (if any).

5.1 - 5.6 The provision of temporary services is not required. Delete row if temporary services are not required.

5.1 – 5.6 The provision of the following temporary services are required on the basis as indicated in the nominated option:

Delete row if temporary services are not required or temporary services are required and the requirements are detailed in the Scope of Work e.g. where SANS 1921-1 establishes requirements.Delete rows that don’t apply and insert applicable Option i.e. A / B / C, as relevant under Required Option.

Service Option

Water

Electricity

Telecom

Ablutions

Note: Option A = Contractor at his cost; Option B = Employer free of charge; Option C = Employer metered (contractor cost)

5.1.7 The interim payment certificate is to be issued by the day of the month Enter day of the month

5.2.1 The type of work and extent of work to be undertaken by direct contractors is Delete row or state type and extent of work. Alternatively state “as stated in Part C3: Scope of work”


7.1.2 The period for the commencement of the works after the contractor takes possession of the site is working days

State the number of working days

7.1.2 For the works as a whole:The date for practical completion is The penalty per calendar day is R

Delete row if the works is to be completed in sections or state the date for practical completion and Rand value of the penalty per calendar day. Alternatively state for the date “within X working days after the contractor receives one fully completed original copy of the Form of Offer and Acceptance, including the schedule of deviations (if any). .

18.1.3 The dissatisfied party is to refer the dispute to State “arbitration” or “court of law”

The variations to the General Conditions of Contract are:

Replace the following definitions in DEFINITIONS AND INTERPRETATIONS with the following wording:

AGREEMENT means the agreement arising from the signing of the Form of Offer and Acceptance by the parties.

CONTRACT SUM means the total of prices in the Form of Offer and Acceptance.

Add the following definition in DEFINITIONS AND INTERPRETATIONS with the following wording:ADJUDICATOR: The person appointed by the parties to decide any dispute arising out of this agreement

Delete “in terms of the JBCC Payment Certificate” in the definition for Payment Certificate Delete row if JBCC Payment Certificate is to be used.

Delete clause 1.6.4 Delete row if notices may be delivered by email.

Replace clause 2.1 with the following:2.1 The contractor shall as required in the contract data:2.1.1 provide a construction guarantee; or2.1.2 accept retention as the security to be provided.

Delete row if contractor is permitted to make choices regarding the construction guarantee or retention in Part 2 of the Contract Data.

Replace 18.1 with the following:

18.1.1 Should any disagreement between arise between the employer or his principal agent on the one hand and the contractor on the other arising out of or in connection with this agreement or its termination, either party may give notice to the other to resolve such agreement.

18.1.2 Where such disagreement is not resolved within ten (10) working days of receipt of such notice it shall be deemed to be a dispute and shall be referred by the party which gave such notice to adjudication, where the adjudication will be conducted in terms of the edition of the JBCC Rules for Adjudication current at the time when the disputes was declared and the adjudicator .shall be appointed in terms of the Rules.


18.1.3 The adjudicator’s decision shall be binding on the parties who shall give effect to it without delay unless and until it is subsequently revised by either arbitration where the arbitrator is to be appointed by the body whose rules shall apply or court proceedings as stated in the contract data.

18.1.4 Should either party be dissatisfied with the decision given by the adjudicator, or should no decision be given within the period set in the Rules, such party may give notice of dissatisfaction to the other party and to the adjudicator within ten (10) working days of receipt of the decision or, should no decision be given, within ten (10) working days of expiry of the date by which the decision was required to be given the dissatisfied party shall refer the dispute to arbitration or court of proceedings.


jbcc minor works

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