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| 23 November 2008 | ||
This document, by the Civil Engineering
Advisory Council, is posted here for ease of reference and is not to be copied
or
distributed according to © Copyright 1990 by the South African Institution of
Civil Engineering. ® All rights reserved.
MAIN INDEX - Click
on links below to get to details of each
or
See Content List
1.
Definitions, Interpretations and General Provisions ................................
(1)
2. Engineer
and Engineers Representative .................................................
(2)
3. Basis
of Contract .......................................................................................
(3)
4. Commencement
of Work ...........................................................................
(4)
5. Contractors
General Obligations .............................................................
(5)
6. Contractors
Employees ............................................................................
(6)
7. Materials,
Workmanship and Constructional Plant .................................
(7)
8. Care
of Works, Damage, Injury and Insurance .......................................
(8)
9. Variations ...................................................................................................
(9)
10. Progress
and time for completions ...........................................................
(10)
11. Claims,
Certificates and Payments ..........................................................
(11)
12. Completion
and Approval Certificates and Defects Liability Period ..... (12)
13. Cancellation,
Disagreements and Disputes .............................................
(13)
14. Contract
Price Adjustment Schedule ........................................................
(14)
15. Annexures ..................................................................................................
(15)
CONTENT
1. DEFINITIONS, INTERPRETATIONS AND GENERAL PROVISIONS2. ENGINEER AND ENGINEERS REPRESENTATIVE1 (1) Definitions
(2) Delivery of notices
(3) Concessions not to constitute waivers
(4) Governing law
(5) Extent of indemnification
(6) Calculation of days
(7) Authority of representatives
(8) Singular and plural/masculine and feminine
(9) Marginal notes or headings
2. (1) Duties and powers of Engineer
(2) Nomination of Engineers Representative
(3) Authority of Engineers Representative
(4) Limitation of authority of Engineers Representative
(5) Engineers authority to delegate
(6) Contractors right to refer to Engineer
(7) Limitations on delegation of powers
3 (1) Available data
(2) Contractor deemed to have inspected Site
(3) Contractor to base his tender on Tender Documents
(4) Contractor to satisfy himself as to the correctness of his tender
4 (1) Documents mutually explanatory
(2) Additional Cost due to ambiguity
(3) Copies of Contract Documents
5 Agreement
6 (1) Extent of Contractors obligations
(2) Contractors liability for his own design errors
(3) Work to be to Engineers instructions
(4) Instructions only from Engineer
(5) Compliance with applicable laws
7 Assignment/cession
8 (1) Subcontracting whole Contract
(2) Subcontracting part of Contract
(3) Engineers consent
(4) Contractors liability unaffected
(5) No consent required
9 (1) Nominated Subcontractors
(2) Provisions of subcontract
(3) Limitation of Contractors obligations to Employer
(4) Prices and rates subject to approval
(5) Proof of payment to Nominated Subcontractor
(6) Contractors failure to pay Nominated Subcontractor
(7) Replacement of Nominated Subcontractor
(8) Cancellation of subcontract
(9) Cession of benefits of Subcontractors obligations
(10) Employers assumption of subcontract
10 Suretyship
11 Payment to the Contractor
12 (1) Commencement of Works
(2) Commencement Date
13 (1) Access to and possession of Site
(2) Delays in giving possession
(3) Use of land
14 (1) Basic survey references
(2) Contractors responsibility for setting out
(3) Errors in setting out
15 (1) Order of Works
(2) Programme
(3) Supporting documents
(4) Adjustment of programme
(5) No relief of Contractors responsibilities
16 (1) Custody of Drawings and Specifications
(2) Contractors copies
(3) Documents to be kept on Site
(4) Register of Drawings
(5) Drawings and Specifications
(6) Further Drawings, Specifications and instructions
(7) Contractor to give notice timeously
(8) Documents to be provided within reasonable times
(9) Contractor to give effect to Drawings, etc
(10) Engineers failure to comply timeously
(11) Engineer to approve Contractors designs and drawings
5. CONTRACTORS GENERAL OBLIGATIONS
17 (1) Giving notices and payment of fees
(2) Employers responsibility for approval
(3) Contractors responsibility for consents
(4) Contractor to be compensated
18 Fossils, etc
19 (1) Patent and protected rights
(2) Payment for rights
20 (1) Pollution prevention and interference with access
(2) Excessive traffic
(3) Indemnity by Contractor
21 (1) Opportunities afforded to other persons
(2) Additional payment for providing facilities
22 (1) Clearance of Site on completion
(2) Possible action by Employer
23 (1) Engagement of employees
(2) Accommodation and care of employees
(3) Information in respect of employees
24 Competent employees
25 (1) Contractors superintendence
(2) Contractors Site Agent
(3) Site Agent to receive instructions
7. MATERIALS, WORKMANSHIP AND CONSTRUCTIONAL PLANT
26 (1) Quality of materials and workmanship
(2) Quality of Plant
(3) Information in respect of Plant
(4) Samples
(5) Test specimens
(6) Tests
(7) Cost of test specimens and tests
(8) Exchange of reports on tests
27 Access to the Works
28 (1) Examination of work before covering up
(2) Notice to be given
(3) Uncovering and making openings
29 (1) Removal of improper work and materials
(2) Default of Contractor in compliance
30 Contractor to search
31 Urgent remedial work
32 (1) Vesting of materials
(2) Definition of "materials"
(3) Identification of materials
(4) Prohibition on removal of materials
(5) No approval by vesting
33 Prohibition on removal of Constructional Plant
8. CARE OF WORKS, DAMAGE, INJURY AND INSURANCE
34 Signs and lighting
35 (1) Care of the Works
(2) Excepted risks
36 (1) Injury to persons and damage to property
(2) Indemnity by Employer
37 Reporting of accidents
38 (1) Insurances
(2) Contractor to effect insurances obtainable
(3) Employer to approve insurance company
(4) Contractor to produce proof of payment
(5) Contractor and Employer to comply
(6) Remedy on Contractors failure to insure
(7) Proof of WCA payment
9. VARIATIONS
39 (1) Variations
(2) Orders for variations to be in writing
(3) Changes in scheduled quantities
40 (1) Valuation of variations
(2) Changing of unreasonable or inapplicable rates
(3) Notices of change to be given in writing
(4) Daywork
10. PROGRESS AND TIME FOR COMPLETION
41 Non-working hours and special non-working days
42 (1) Suspension of work
(2) Suspension lasting more than 84 days
43 (1) Rate of progress
(2) Work at night
44 Delays attributable to the Employer
45 (1) Time for completion
(2) Extension of time for completion
(3) Some reasons for extension of time
(4) Relevant adjustments to P&G allowances
46 (1) Penalty for delay
(2) Reduction of penalty
11. CLAIMS, CERTIFICATES AND PAYMENTS
47 (1) Quantities
(2) Work to be measured
(3) Engineers intention to measure
(4) Contractors failure to comply
(5) Method of measurement
48 (1) Provisional Sums
(2) Prime Cost Sums
(3) Provisional/Prime Cost Sums and contingency allowance
(4) Production of vouchers
49 (1) Tendered rates and prices
(2) Application of Contract Price Adjustment Factor
(3) Variations in cost of special materials
(4) Subsequent changes in legislation
50 (1) Adverse physical conditions and artificial obstructions
(2) Further notices
(3) Contractor to carry out additional work
(4) Contractors right to claim
51 (1) Claims procedure
(2) Extended period for claims
(3) Records of facts and circumstances
(4) Contractors failure to comply
(5) Engineers ruling
(6) Engineers failure to rule
52 (1) Monthly payments
(2) Valuation of material brought onto Site
(3) Retention money
(4) Employers obligation to pay
(5) Time of payment of retention
(6) Guarantee in lieu of retention
(7) Set-off and delayed payments
(8) Correction of certificates
(9) Contractors final statement
(10) Final Payment Certificate
53 Variations exceeding 15 per cent
12. COMPLETION AND APPROVAL CERTIFICATES AND DEFECTS LIABILITY PERIOD
54 (1) Certificate of Practical Completion
(2) Issue of Certificate of Practical Completion
(3) Employers right to occupy completed Works
(4) Certificate of Completion of the Works
(5) Consequence of Certificate of Completion
(6) Different dates of completion
55 (1) Final Approval Certificate
(2) Approval only by Final Approval Certificate
(3) Time limitation on claims in respect of defects
56 (1) Defects Liability Period
(2) Making good of defects
(3) Cost of making good
(4) Remedy on Contractors failure to carry out required work
13. CANCELLATION, DISAGREEMENTS AND DISPUTES
57 (1) Outbreak of war and armed hostilities
(2) State of emergency
(3) Removal of Plant on cancellation
(4) Increased Costs arising from war or state of emergency
(5) Payment if Contract is cancelled
(6) Over-riding provisions
58 (1) Cancellation of the Contract by the Employer
(2) Employers rights
(3) Certification of amounts due
(4) Termination Account
(5) Details of Termination Account
(6) Time of payment
(7) Notices to trustee/liquidator
59 (1) Cancellation of Contract by Contractor
(2) Removal of materials, etc. and payment to Contractor
(3) Other rights of Contractor
(4) Notices to trustee/liquidator
60 (1) Notice of disagreement
(2) Engineer to rule on disagreements
61 (1) Settlement of disputes
(2) Mediation
(3) Arbitration
(4) Reference to Court
(5) Common provisions
(6) Special disputes
(7) Continuing validity of Clause 61
14. CONTRACT PRICE ADJUSTMENT SCHEDULE
1. Contract Price Adjustment Factor
2. Assessment of amount subject to adjustment
3. Reduction of CPAF after Due Completion Date
4. Special materials
5. Assessment of indices if certificates are not issued monthly
15. ANNEXURES
1. Pro Forma Special Conditions of Contract
2 . Pro Forma Alterations by Tenderer
3. Pro Forma Tender
4. Pro Forma Appendix
5. Pro Forma Agreement
6. Pro Forma Deed of Suretyship
7. Pro Forma Retention Money Guarantee