Updated: Mar Persons entering into or preparing contracts using the JBCC suite of. Provision and testing of samples of materials and goods, of finishes.. Edition: 5. Year Published: March This contract data contains unique requirements applicable to the project and variables referred to in the JBCC Minor.
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Minor Works Agreement - Edition M4. JBCC documents are compiled in the interests of standardisation and portray the consensus view of the Joint. Building Contracts Committee of good practice in the building industry. The documentation sets out a clear, balanced and enforceable set of procedures, rights and obligations, which when competently managed and administered, protect the employer and contractor alike.
The other objectives of the JBCC are to:. Foster good and consistent management by all concerned Provide standardisation of defined terminology, thereby eliminating ambiguities in interpretation Clearly define and identify the responsibilities of the contracting parties Set standard methodology for dealing with contractual responsibilities and obligations Promote contractual protection of the innocent party in the event of default Provide practical options within the contracting process Provide for reciprocal guarantees between the contracting parties Set payment conditions that offer significant protection to the contractor Ensure the maintenance of the independent duty of the principal agent to act fairly between the parties.
Persons entering into or preparing contracts using the JBCC Minor Works Agreement are warned of the dangers inherent in modifying any part thereof. If it is considered essential to make changes, users are advised that it is necessary for such changes to be drafted by qualified legal persons with extensive knowledge of the JBCC documentation and the construction industry.
Experience has shown that changes drafted by others, including members of the building professions, often have results very different from those intended which may be prejudicial to either or both parties. Special Note. Documentation designed specifically for the. This agreement is designed for use where:. The contract is for minor works of simple content. The employer appoints:. The contractor is a small to medium enterprise. The employer carries the major liabilities related to the works.
The employer is responsible for the primary insurances related to the works. This agreement is not designed or intended for use where the works:.
Requires the use of nominated or selected subcontractors. Contract price adjustment escalation provisions are required. The works is of a complex nature. The construction period is anticipated to be more than nine months. The necessary contract documentation is not complete and available at tender stage.
Sectional completions are required. Copyright Reserved. The Joint Building Contracts Committee claims authorship of this work. All rights reserved. No part of this publication may be reproduced, stored in any retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, scanning, recording, or otherwise, without the prior permission of the Joint Building Contracts Committee. Unauthorised reproduction of the work is an infringement of the copyright in the work.
Judicial proceedings can and will be instituted to obtain relief and the recovery of damages. Minor W orks Agreement Page i. Definitions and Interpretations. Security and Guarantees. Risk and Insurance. Documents, Design and Assignment.
Practical Completion. Final Completion and Latent Defects Liability. Revision of Date for Practical Completion. Penalty for Noncompletion. Valuation and Payment to Contractor. Adjustment to the Contract Value. Termination by Employer. Termination or Suspension by Contractor.
Termination - Impossibility of Performance. Settlement of Disputes. Post Tender Provisions. Contractual Agreement. Schedule of Modifications to Previous Edition. Availability: Series documents are obtainable through most regional offices of JBCC constituents as listed on the cover of the document.
The JBCC supplies printed documents exclusively to constituents and does not sell direct to users. JBCC can be contacted at jbcc mweb. Minor W orks Agreement Page ii. The word or phrase of a definition is highlighted in the text and shall bear the meaning assigned to it in this 1. Where such word or phrase is not highlighted it shall bear the meaning consistent with the context of its use. The listed defined word or phrase does not qualify as a definition where information required to be stated in the contract data has not been provided.
The contractor shall have priced the document to reflect the contract sum. Minor W orks Agreement Page 1. DEFECT: Any aspect of materials and workmanship forming part of the works that, in the opinion of the principal agent , is due to the failure of the contractor to comply with his obligations in terms of the agreement.
The ruling bank rate on the first calendar day of each month shall be used in calculating the interest due for such month. LAW: The law of the country stated in the contract data. SECURITY: The form of guarantee provided by the employer or contractor , as stated in the contract data , from which a party may recover expense and loss in the event of default.
SITE: The land or place on, over, under, in or through which the works is to be executed and as stated in the contract data. TAX: Value-added tax, sales tax or any other statutory tax, duty or levy applicable by law. Minor W orks Agreement Page 2. Twenty-four 24 hour days commencing at midnight Saturdays and Sundays, statutory holidays and any annual building holiday period stated in the contract data. Works also includes materials and goods and those supplied free or otherwise by the employer to the contractor and excludes work or installations to be executed by direct contractors.
The parties each choose their physical addresses as stated in the contract data where notices or processes arising out of or concerning this agreement may validly be delivered to and served on them. Either party may, at any time, by notice to the other change, its physical address provided that it is in the same country as that initially stated in the contract data.
The date of issue of any certificate referred to in this agreement shall be the date on which the principal agent signs the certificate. In this document, unless inconsistent with the context:. The masculine gender includes the feminine and neuter genders and vice versa, the singular includes the plural and vice versa, and a person includes corporate bodies. Clause numbers written as [ The headings of clauses are for reference purposes only and shall not be taken as construing the context thereof.
Notice shall be presumed to have been duly given when:. Delivered - on the working day of delivery. Sent by registered post - five 5 working days after posting. Sent by telefax - one 1 working day after transmission.
Sent by e-mail - one 1 working day after transmission. For the purposes of sentence in relation to a payment certificate only, the parties consent to the jurisdiction of any court of the country as stated in the contract data although the amount of the claim by either of the parties against the other may exceed the jurisdiction of such court. This agreement is the entire contract between the parties regarding the matters addressed in this agreement.
No representations, terms, conditions or warranties not contained in this agreement shall be binding on the parties. No agreement or addendum varying, adding to, deleting or terminating this agreement including this clause shall be effective unless reduced to writing and signed by the parties.
The objective of this agreement is the execution of and payment for the works for which there has been an offer by the contractor and an acceptance thereof by the employer. In pursuance of the objective the parties undertake to carry out their reciprocal obligations.
The parties shall comply with all laws , regulations and bylaws of local or other authorities having jurisdiction regarding the execution of the works. The parties shall give all notices and pay all charges required by such authorities. The principal agent shall deal with the amounts thus paid [ Minor W orks Agreement Page 3.
The contractor shall have the right to select the security to be provided [2. The contractor shall state the choice of security in his contract data , failing which he shall be deemed to have selected retention [2. Where security as a construction guarantee has been selected:.
The contractor shall provide the guarantee to the employer within twenty-one 21 calendar days of acceptance of the tender. Such guarantee shall be issued by a guarantor to the reasonable approval of the employer.
The employer shall return the guarantee to the contractor within fourteen 14 calendar days of it expiring. Where security as retention has been selected the principal agent shall deduct such retention [ Should the contractor fail to provide the security [2.
Apply the security provision [2. Terminate this agreement [
JBCC: latent & patent defects – contractor’s liability outside of the defects liability period?
The Committee is representative of building owners and developers, professional consultants and general and specialist contractors who contribute their knowledge and experiences to the compilation of the JBCC documents that:. Courses presented across SA — relevant to employers, contractors and members of the professional team including, principal agents, architects, quantity surveyors, etc. The global construction industry is spending more and more on resolving disputes, with financial costs in the past two decades reaching billions of dollars. The construction sector is of significant strategic importance to many countries in Africa, especially South Africa, where the total expenditure on construction works and related activities alone is valued to be more than R
JBCC Minor Works + Nominated/Selected Sub-Contract Agreement Workshop
Please contact customerservices lexology. This article looks at the Employer's and Contractor's contractual obligations and limitation of liability for latent and patent defects on a contract. Although the provisions of the JBCC contract clearly set out the time periods and the type of liability that attaches to the respective parties to a contract, this article also explores the limits of each parties liability under common law and the consequences of prescription on defects liability. Sub-Clause The question this article explores is whether the contractor can be held liable for defects outside of the defects liability periods? The JBCC does not leave open-ended the time period within which the next sequence of completion certificate is to be issued.
JBCC Minor Works Agreement 5.2 2018
JBCC Minor Works Contract Doc