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Agreement And Conditions Of Contract For Building Works
"I need an Agreement And Conditions Of Contract For Building Works for a large-scale commercial office development in Cape Town, South Africa, with particular emphasis on phased completion and green building requirements, where construction is scheduled to commence in March 2025."
1. Parties: Identification and details of the Employer and Contractor, including registration numbers and physical addresses
2. Background: Context of the agreement and brief description of the construction project
3. Definitions and Interpretation: Detailed definitions of terms used in the agreement and rules for interpretation
4. Scope of Works: Detailed description of the construction works to be performed
5. Contract Sum and Payment Terms: Agreement on contract price, payment schedule, and payment mechanisms
6. Duration and Programme: Project timeline, completion dates, and programming requirements
7. Contractor's Obligations: Comprehensive list of contractor's responsibilities, including quality standards and workmanship
8. Employer's Obligations: Duties and responsibilities of the employer, including site access and information provision
9. Professional Team: Appointment and roles of architects, engineers, and other consultants
10. Site Conditions and Access: Requirements and conditions for site access, security, and management
11. Materials and Workmanship: Standards for materials, testing requirements, and quality control
12. Variations and Adjustments: Procedures for handling changes to scope and price adjustments
13. Insurance and Indemnities: Required insurance coverage and indemnification provisions
14. Default and Termination: Conditions and procedures for contract termination and default remedies
15. Dispute Resolution: Procedures for handling disputes, including mediation and arbitration
16. Health and Safety: Compliance requirements with health and safety regulations
17. General Provisions: Standard contractual provisions including notices, governing law, and entirety of agreement
1. Design Responsibility: Used when the contractor has design obligations in addition to construction responsibilities
2. Environmental Management: Required for projects with significant environmental impact considerations
3. Community Engagement: Included for projects requiring local community involvement or benefits
4. Phased Completion: Used when the project involves separate completion phases or sectional completion
5. Performance Guarantees: Required for projects demanding specific performance guarantees or bonds
6. BEE Requirements: Specific section for Black Economic Empowerment compliance requirements
7. Value Engineering: Included when there's scope for cost optimization during construction
8. Provisional Sums: Used when certain works cannot be accurately priced at contract formation
1. Schedule 1: Contract Data: Key project information, contact details, and contract-specific variables
2. Schedule 2: Scope of Works: Detailed technical specifications and drawings
3. Schedule 3: Pricing Schedule: Detailed breakdown of prices, rates, and quantities
4. Schedule 4: Construction Programme: Detailed timeline and milestone dates
5. Schedule 5: Site Information: Detailed site conditions, access points, and existing services
6. Schedule 6: Insurance Requirements: Specific insurance types and coverage amounts required
7. Appendix A: Technical Specifications: Detailed technical requirements and standards
8. Appendix B: Drawings: Complete set of construction drawings
9. Appendix C: Health and Safety Specifications: Detailed health and safety requirements and procedures
10. Appendix D: Quality Control Requirements: Specific quality control procedures and standards
11. Appendix E: Environmental Management Plan: Environmental protection requirements and procedures
Authors
Appendices
Architect
As-Built Drawings
Bill of Quantities
Certificate of Completion
Certificate of Final Completion
Commencement Date
Construction Equipment
Construction Period
Contract
Contract Documents
Contract Price
Contract Sum
Contractor
Day
Defects
Defects Liability Period
Drawings
Employer
Extension of Time
Final Account
Force Majeure
Health and Safety Plan
Install
Insurance
Interim Payment Certificate
Materials
Month
Notification
Payment Certificate
Practical Completion
Principal Agent
Professional Team
Programme
Project
Project Manager
Provisional Sum
Quantity Surveyor
Retention Money
Schedule of Defects
Site
Specifications
Subcontractor
Supply
Suspension
Termination
Time for Completion
Variation
Variation Order
Works
Working Day
Working Hours
Contract Documents
Contractor's Obligations
Employer's Obligations
Contract Sum and Payment
Time and Programming
Site Access and Conditions
Materials and Workmanship
Quality Control
Variations
Extensions of Time
Completion and Defects
Health and Safety
Insurance and Securities
Risk and Indemnification
Force Majeure
Suspension and Termination
Dispute Resolution
Environmental Protection
Intellectual Property
Confidentiality
Assignment and Subcontracting
Compliance with Laws
Warranties and Guarantees
Professional Team
Testing and Inspections
Site Management
Documentation and Records
Communications
Labor and Employment
Plant and Equipment
Performance Security
Retention
Final Account
Practical Completion
Defects Liability
Design Responsibility
Project Management
Quality Assurance
Regulatory Compliance
Commercial Construction
Residential Development
Industrial Construction
Infrastructure Development
Public Works
Property Development
Mining Infrastructure
Healthcare Facilities
Educational Facilities
Retail Development
Hospitality Construction
Mixed-use Development
Legal
Construction
Project Management
Commercial
Operations
Procurement
Risk Management
Compliance
Health and Safety
Technical
Development
Contracts Administration
Construction Manager
Project Manager
Contract Manager
Legal Counsel
Quantity Surveyor
Site Manager
Commercial Director
Operations Director
Risk Manager
Procurement Manager
Cost Controller
Construction Director
Development Manager
Facilities Manager
Compliance Officer
Health and Safety Manager
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