JBCC Pba Edition 6.1 2014

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The J o i n t B u i l d i n g Contracts Committee® - N P C ·
Principal B u i l d i n g Agreement - Edition 6 . 1 - March 2 0 1 4
Preface
JBCC® Constituents
The Joint Building Contracts Committee® NPC (JBCC®) 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. The JBCC® documents portray the consensus view of the constituent members
and are published in the interests of standardisation and good practice with an equitable distribution of contractual risk
The constituents are:
Association of Construction Project Managers
Association of South African Quantity Surveyors
Consulting Engineers South Africa
Master Builders South Africa
South African Black Technical and Allied Careers Organisation
South African Institute of Architects
South African Property Owners Association
0 Specialist Engineering Contractors Committee
The Principal B u i l d i n g Agreement structure
The agreement clauses follow the project execution sequence. The documents set out clear, balanced and
enforceable procedures, rights and obligations which, when competently managed and administered, protect the
employer, contractor and subcontractors alike. Specific employer and contractor requirements are recorded in a
separate JBCC® PBA Contract Data form
The JBCC® Nominated/Selected Subcontract Agreement replicates the JBCC® Principal Building Agreement with
common clauses retaining the same numbering. JBCC® publishes a comprehensive set of compatible forms and
certificates for use in the administration of this agreement
Warning!
The JBCC® Principal Building Agreement Edition 6. 1 has been coordinated with the JBCC® Nominated/Selected
Subcontract Agreement Edition 6. 1 and the JBCC® cerlificate forms and support documents. Forms from previous
editions are not compatible with the JBCC® Principal Building Agreement Edition 6. 1
Persons entering into or preparing contracts using the JBCC® suite of contract agreements and supporl documents are
warned of the dangers inherent in modifying any parl of it. Experience has shown that changes drafted by others,
including members of the building professions, often have results different from those intended that may be prejudicial
to either, or both, patties
The JBCC® Documents
The JBCC® documents are obtainable from constituent members' regional offices in South Africa listed on this page
The .JBCC® does not sell directly to users but may be contacted at info@jbcc.co.za
The JBCC® Web Page www.jbcc.co.za provides current information regarding:
Scheduled Seminars
Frequently Asked Questions (FAQ's)
New Developments
© Copyright Reserved
The name 'The Joint Building Contracts Committee® NPC', the abbreviation JBCC® the electronic version eJBCC®
and the JBCC logo are registered trademarks. The JBCC® claims authorship of this work. All rights are reserved. No
pert cf 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 in writing of the
JBCC®. Unauthorised reproduction of the w ork is an infringement of the copyright. Judicial proceedings can and will be
: · . instituted to obtain relief and recovery of damages

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Page 2 of 32 Pages
Actions by the parties I principal agent within a given time

Clause Time period Action Purpose
1,0
2_0 1-7 CD parties or principal agent notices deemed to be received by e-Mail/post
3.0
4_0
5_0
6.4 5WD contractor > principal agent non-performance of an agent i.t.o. this agreement
5_5 5WD employer appoint another agent/contractor may object
7_0
8_o
9.0
10.3 10WD party responsible proof/renewal of insurance - other party to accept
10_7 5 WD notice party responsible failure to insure - notice - insure + recover expense
10.8 10WD notice - contractor no insurance = contractor suspend the works
1 1 _ 1 -4 15WD parties provide securities [CD)
11.1.5/4.2 20WD parties provide replacement security
1 1 .4.1 15WD employer > contractor provide guarantee for payment [CD)
1 1 _6 1 0 WD notice > employer no security , contractor notice to suspen d wo rks
1 1 . 7 1 0WD p arties return o ri ginal/replaceme n t security forms
12.2_2 1 5WD contractor submit p riced document
1 2 _ 2 . 3 contractor provide guarantee or construction/ advanc e payment

f [CD)
12_2_6 15WD contractor submit works pro g ra m me
0WD contractor start ork on site

c--i
1 2 . 2 _ 1 7 1 w
-
1 3 _ 0
14.4.2 1 5WD contractor > su b contractor submit security
1 4.5 5WD e mployer ( principal agent ) pay subcontractor on d efault b y contractor
14.6 5WD notice contractor + subcontractor termination of subcontractor
1 5 _ 2 2 15WD contractor > subcontractor submit security
1 5 _ 5 5WD n otice emplo y er ( principal agent ) pay su b contractor on d efault by contractor
1 6 _ 0
1 7 _ 3 5WD contractor carry out a contract instruction , w here pr a ct i cal
1 8 .0
19_ 1 . 1 / 3 days [ CD) principal a g ent > contractor inspection f or practical completion
19.3.4 contractor rectify items on l ist for completion
19.4 5WD contractor > principal agen t no ' list' > notice > deemed practically complete
19 .6 5 W D / 3 0 WD princ i p a l a g ent > contractor employer occupies , list for compl e ti o n , fix d efects
2 0_0
2 1 . 3 _ 1 10WD contractor inspect before expiry of defects liability period
21.3.2 5WD contractor > principal agent invite PA to inspect list for com p letion
21.4 5 WO notice contractor > principal agent inspect > l ist f or fi nal com p letio n > certificate
21.5 5 WO notice principal agent > contractor no list fo r fi na l completion > notice > complete
22.0
23.4.2* 20 WD notice contractor > principal agent notice of a possible del a y , no details yet
23.5 40WO contractor > p ri ncipal a gent dela y ceased , details of delay and expenses
23_7 20WD principal agent > contractor asses claim - ac cept/reduce/reject
24.0
25.2 date [CPI pr i ncipal agent > contr/empl issue payment certificate and support forms
25.7 4 D employer contractor make payment rom date of payment certificate

(j
1 C > f
25.8 21 CD contractor > emplo y er i.t.o, schedule from pri n cipal agent
25_ 1 1 7 CD contractor > su b contractor pay subcontractors ito schedule from p ri ncipal agent
25.12 5 WD notice contractor > employer no/pa rt ial payment > suspen d etc
25 . 1 2 5WD p ri ncip a l agent > contractor f inal pay m e n t certificate after certificate of fi nal comple t ion
26 . 5 * 20 WD notice contractor > principal agent notice of possi b le e x pense an d loss
26 . 6 40WD contractor > p rincipal a g ent substantiated claim
26_7 20WD principal a g ent > contractor assess clai m = accept/reduce/reject
26.10 9 0 CD princip a l agent > contractor issue fi nal account
26. 1 1 45CD contractor> principal agent accept fi nal account
26. 1 2 10 W D notice contractor + principal a g ent agree fi nal account or deemed acceptance
27 .2.9 5 W D notice to contractor remed y default before ne xt recove ry s t a tement
28_ 1 5 WD notice contractor > employer - list of defaults to b e remedied > suspend w orks
2 8. 2 5 W D notice contractor > employer - s u spension of works w here def au l ts not remedied
29 2 . 10WD emplo y er > contractor intention to te rm inate if defaults not re m ed e di
29 3 . 1 0 W D e m ployer > contractor d efault no t re m edied , termination fo rthwi h t
29 7 . 1 0WD emplo y er > con ractor t instruction to vacate w orks and site
29.15 1 0WD contractor > employer intention to terminate if defaults not remedied
29 17 1 . . f o rt hw it h contractor > emplo y er d efa u lt not remedied , terminatio n fo rt hwith
29 . 1 7 . 2 ort
f hw it h contractor remove construction e q uipment , temporary w orks. etc
29 21 . 10WD either part y i n tention to terminate > im p ossible to complete
2 9.29 20WO principal a g ent + contractor ? prepare status report
2 9 . 3 1 9 0 CD p rincipal agen t complete fi n al account
30 2 . 1 0WD eit h er part y d isa g reement not resol v ed > dispute
30 3 . 10WD a gg rieved party refer to ad j udi ca tio n
30 6 . .4 10WO ag g rieve d pa rty dissatis fi e d w it h ad udi j ca tion
3 0 .6.5 10WD aggrieved party no ad udication/n j o t accept ad udication ru li n g > arbitration

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30 7 5 . 1 5 W D p a rt es
i agre e appointment of an arbitrator
Ab breviations : WD = wor k ing days . CD = calen d ar d ays . "no notice . f orfeit the opportunit y to c aim
l
@ Copyri g ht rese rv ed : JB CC ® P rincipal B uildin g A greement , E dition 6 . 1 - M arch 2 0 1 4

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Page 3 of 32 Pages
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PRINCIPAL BUILDING AGREEMENT
TABLE OF CONTENTS
Section Clause No Description Page
INTERPRETATION 1.0 Definitions and Interpretation 4
2.0 Law, Regulations and Notices 7
3.0 Offer and Acceptance 7
4.0 Assignment and Cession 7
5.0 Contract Documents 8
6.0 Employer's Agents 8
7.0 Design Responsibility 8
INSURANCE AND SECURITY 8.0 Works Risk 9
9.0 Indemnities 9
10.0 Insurances 10 �-
11.0 Security 11
C) EXECUTION 12.0 Duties of the Parties 12
13.0 Setting out 14
14.0 Nominated Subcontractors 14
15.0 Selected Subcontractors 15
16.0 Direct Contractors 17
17.0 Contract Instructions 17
COMPLETION 18.0 (Interim Completion = N/S Subcontract Agreement) 18
19.0 Practical Completion 18
20.0 Sectional Completion 19
21.0 Defects Liability Period and F i n a l Completion 19
22.0 Latent Defects Liability Period 20
23.0 Revision of the Date for Practical Completion 20
24.0 Penalty for Late or Non-Completion 22
PAYMENT 25.0 Payment 22
26.0 Adjustment of the Contract Value and Final Account 24
27.0 Recovery of Expense and/or Loss 25
SUSPENSION AND TERM/NATION 28.0 Suspension by the Contractor 26
29.0 Termination 26
.
0 DISPUTE RESOLUTION 30.0 Dispute Resolution 29
AGREEMENT Agreement 32
©Copyright reserved: JBCC® Principal Building Agreement, Edition 6 . 1 - March 2 0 1 4

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Page 4 of 32 Pages
INTERPRETATION
1 .0 D E F I N I T I O N S a n d INTERPRETATION
1 .1 Definitions
A word or phrase in bold type in this agreement shall have the meaning assigned to it in these definitions
A word or phrase not in bold type shall be interpreted in the context of its usage
AGENT: An entity appointed by the employer to deal with specific aspects of the works
AGREEMENT: This JBCC® Principal Building Agreement and the completed JBCC® PBA contract data
BILLS OF QUANTITIES: The document drawn up in accordance with the measuring system [CD]
BUDGETARY ALLOWANCE: An amount included in the contract s u m for work intended for execution by
the contractor, the extent of which is identified but not detailed
CALENDAR DAYS: Twenty four (24) hour days commencing at m i d n i g h t (00:00) which include Saturdays,
Sundays, proclaimed public holidays and recorded a n n u a l builders' holiday periods [CD]
CERTIFICATE of FINAL COMPLETION: A certificate issued by the principal agent to the contractor with
a copy to the employer stating the date on which final completion of the works, or of a section thereof,
was achieved
CERTIFICATE of PRACTICAL C O M P L E T I O N : A certificate issued by the principal agent to the contractor
with a copy to the employer stating the date on which practical completion of the works, or of a section
thereof, was achieved
CONSTRUCTION EQUIPMENT: Equipment and/or p l ant provided b y or belonging to the contractor and/or
the su b contractor used during the constr u ction perio d
C O N STRUC T ION INFO R MA T ION: All information issued by the principal agent and/or agents including
t he con tr act d ocu m ents , specifi c atio n s, drawings , schedule s , notices a nd contract instruction s re q uired
for the e x ecution of the works
CONSTRUCTION PE R IOD: The period commencing on the intended date [ CD] of possession of the site by
the contrac tor and endin g on the date of pract i cal co m pletion, excludin g a n n u a l industry holiday periods
C O NTRACT DAT A: The document listin g the contract variables
[ C D ] : The notation used where project specific information is recorded in the contract d ata
()
CO N T RACT DOC U MENTS: This agreement , the con t ract drawin g s , the price d doc u ment and other
identified documents tCDJ
CO N T R ACT D R AW I N G S: The drawi n gs listed on which the accepted tender or the negotiated amount was
based [ CD ]
CON T R ACT INST R U C T ION: A written instruction issued by or under the au t hority of the p r i n c i p a l a g ent to
t he con t r act or, whic h m ay inc l ude d r awings and other constr u ction information
CON T R A CT SUM: The accepted tender amount, inclusive oftax, that is not subject to ad just ment [ CD ]
CONTRAC T VA LUE: A m o n et a r y v al u e initially e q u a l to the contract sum that is subject to ad j ust m ent in
terms of t h is ag reement
CON T R ACTO R : The party [CD ) contracting with the employer for the execution of the works
DEF E C T: Any aspect of materia l s a nd wor k m anship forming part of the works that does not conform to the
contract d oc u ments
DIRECT C O N T RA C T O R : An e ntity ap p ointed under separate a g reement by the employer to do work on
site prior to practical completion [CD]
E M PLOY E R: The pa rt y [ CD] contra c ting with the contractor for the execution of the works

Page 5 of 32 Pages
FINAL ACCOUNT: The document prepared by the principal agent that reflects the final contract value of
the works at final completion or termination
FINAL C O M P L E T I O N : The stage of completion of the works as certified by the principal agent as being
free of defects
FINAL PAYMENT CERTIFICATE: The certificate issued by the principal agent after the issue of the
certificate of final completion after the final account has been agreed, or deemed to have been agreed
FORCE M A J E U R E : An exceptional event or circumstance that:
(a) could not have been reasonably foreseen
(b) is beyond the control of the parties, and
(c) could not reasonably have been avoided or overcome
Such an event may inclu de but is not limited to:
Acts of war (declared or not), invasion, and hostile acts of foreign enemies
Insurrection, rebellion, revolution, military or usurped power, war (whether declared or not),
terrorism
Civil commotion, disorder, riots, strike, lockout by persons other than the contractor's employees
or his subcontractors
Sonic shock waves caused by aircraft or other aerial devices, and ionising or radioactive
contamination
Explosive materials, except where attributable to the contractor's use of such technology
Natural catastrophes including earthquakes, floods, hurricanes, or volcanic activity
FREE ISSUE: Materials and goods provided at no cost to the contractor by the employer for
inclusion in the works whether stored on or off the site or in transit [CD]
GUARANTEE for ADVANCE PAYMENT: A security in terms of the JBCC® Guarantee for Advance
Payment form obtained by the contractor from an institution approved by the employer [CD]
GUARANTEE for CONSTR UCTION : A security in terms of the JBCC® Guarantee for Construction form
obtained by the contractor from an institution approved by the employer [CD]
GUARANTEE for PAYMENT: A security in terms of the JBCC® Guarantee for Payment form obtained by
the employer from an institution approved by the contractor [CD]
INTEREST: The bank rate applicable from time to time to registered banks borrowing money from the
Central or Reserve Bank of the country [CD]. The ruling bank rate on the first calendar day of each month
shall be used in calculating the interest due for such month
JBCC®: The Joint B u i l d i n g Contracts Committee® N P C
LATENT DEFECT: A defect that a reasonable inspection of the works by the principal agent and/or
agents would not have revealed
LAW: The law of the country [CD]
LIST for COMPLETION: A list issued by the principal agent where practical completion has been
certified, listing defects and/or outstanding work to be completed
LIST for FINAL C O M P L E T I O N : An updated list for completion issued by the principal agent after the
inspection of the works for final completion, where final completion has not been achieved, listing
defects and/or outstanding work to be completed to achieve final completion
LIST for PRACTICAL COMPLETION: A comprehensive and conclusive list issued by the principal agent
after the inspection of the works for practical completion, where practical completion has not been
achieved, listing the defects and/or outstanding work to be completed to achieve practical completion
MATERIALS AND GOODS: Unfixed materials, goods and/or items fabricated for inclusion in the works
whether stored on or off the site or in transit
MORA INTEREST: The rate of interest applicable from time to time prescribed in the relevant Act
NOTICE: A communication issued by either party, the p r i n c i p a l agent and/or agents to the other party or
any agent to, inter alia, record an event, request for outstanding information and/or where suspension
and/or resumption of the works, or termination of this agreement is contemplated

I ,
P ag e 6 of 32 Pa g e s
N/S SU BC ON T RACT A G R E E M E N T : The JBC C ® Nominated/Selecte
the com pl eted JBC C ® NSS A c ontr a ct dat a, between the contraci
con j unction with the JBC C ® Princi p al B u i l d i n g Ag ree m ent · "
PARTY: The e m p lo yer or the c ontractor and " pa rtie s " sha l l refer to bo
PAYMENT CERTIFICATE: A certificate issued at regular agreed interv ·
parties certifying the amount due and payable in terms of the JBCC®.R
PENAL TY: The stipulated amount per calendar day [CD] payable by.'
the date or the revised date for practical completion, whiche ver is t h e l
PRACTICAL C O M P L E T I O N : The stage of completion as certified by th�
or a s ec tion thereof has been com p leted free of patent defects other th
l ist for com pl etion and can be used for the intended p u rp os e (CD] -",'
P R E L I M I N A R I E S : The priced items listed in the preliminaries document wi
modifications thereof incorporated in the contract documents
PRICED DOCUMENT: Bills of quantities, schedule of rates or this
agreement [CD]
P R I M E COST A M O U N T : An a m o u n t included in the contract s u m for the
•
·d�jf
goods obtained from a supplier as instructed by the principal agent =»:
PRINCIPAL AGENT: The entity [CD] appointed by the employer with full autHJ,
terms of this agreement
P R O G RA M M E : A diagrammatic representation of the planned execution of u _
indicating the dates for commencement and completion prepared and maintained b( -
PROVISIONAL S U M : An amount included in the contract sum for the s u p p l y anlih ..
subcontractor
RECOVER Y STATEMENT: The statement prepared and issued in conjunction ·
certificate by the prin ci pal a gen t in terms of the JBC C ® Recovery Statement tormet «
S E C T I O N : An identified portion of the works for which p r actical comple t ion is requir�,,.�:,�ate ea r l ier
th a n that r eq uired for the works as a whole [CD] - . .;;4iW,1' ·
. . . �/;-...;.::..;...,;.
SECURITY: A moneta ry guarantee provided by the e m plo y er to the contractor, or the �o'otr�cto·r to the
e mplo y e r in terms of this a g r e em e nt [CD] from which either party may recover expense. a'mfloss in the
event of default
SITE: The land or place where the works is to be executed [ CD]
STATUS REPORT : A report compiled by the principal agent and / or agents in the event of t erm ination of
' •
the a gr eement, or where the works has b een suspended due to a force majeure event, or in the event of
termination of the n/s s ub cont r act agreement by the contractor , to record the state of co m pletion or
othe rw ise of the works or the n/s s ubcontr a ct wor ks, as the case may be. Such status report may include
mar k ed up dra w in g s and photogra p hs
S U B CONT RA CTOR : A nominated or a selected subcontractor a pp ointed in terms of the n/s s u bc o nt rac t
a g re e ment by the contract o r in a cc o r dan c e with a con t ract inst r uction for the supply and inst al lation of
work for which a p ro v isi o nal sum has been included in the contract s u m ( CD]
S U S P E N S I O N : The tempora ry cessation of the works by the contractor
TAX: V alue - added tax or an y other tax, du ty or levy applicable by l aw
WORK IN G DAY S: Ca len d ar days which e x clude S aturdays , Sundays, proclaimed public holidays and
recorded annual builders ' holiday periods [ CD]
W OR KS : The extent of work to be executed by the contractor described in the contract do c u me n t s and
contract i n s truct i ons , which inc l udes free issu e, and mat e ri a ls and goods. Work or installation s to be
executed by direct contractors a nd o t he rs r e s p on s ible to the emp loye r are e x cluded [CD] ·

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Page 7 of 32 Pages
1.2 Interpretation
1 . 2 . 1 In this document, unless inconsistent with the context, the words 'accept, allow, appoint, approve,
authorise, certify, decide, demand, designate, grant, instruct, issue, list, notice, notify, object, record,
reduce, refuse, request, state a n d their derivatives require such acts to be in writing
1 . 2 . 2 The m a s c u l i n e gender includes the feminine and neuter genders and vice versa, the s i n g u l a r includes the
plural and vice versa, and a person includes juristic or artificial persons
1 . 2 . 3 The headings of clauses are for reference purposes only and shall not be used in interpretation
1 . 2 . 4 Reference to a clause number written as [54.3.2] means that specific clause; clause [54.3.2-4] means the
sub-clauses 2 to 4 inclusively; clause [54.3.2 & 4] means the sub-clauses 2 and 4 only
1 . 2 . 5 The word 'deemed' shall be conclusive that something is fact, regardless of the objective truth
2.0 LAW, R E G U L A T I O N S A N D N O T I C E S
2 . 1 The contractor s h a l l comply with the law, obtain permits, licenses and approvals required a n d pay related
charges for the execution of the works. The employer s h a l l comply with ·the law. obtain permits, planning,
(:) building or similar permissions and pay charges for the works other than those which are the responsibility
of the contractor [26.4.1 J [CD]
2.2 Documents referred to in this agreement shall mean the current edition thereof with all amendments
thereto as at the date of s u b m i s s i o n of the contractor's offer unless otherwise stated [CD]
2.3 All communication or notices between the parties shall be in the language of this agreement and in a
format that can be read, copied and recorded [CD]
2.4 Legal processes arising out of or concerning this agreement may validly be delivered to and served on the
parties at the physical address of the parties recorded in this agreement. Either party may, at any time, by
notice to the other, change its physical address provided it is in the same country
2 . 5 Notices given in terms of this agreement shall be deemed to have been received where:
2 . 5 . 1 Delivered by hand - on the day of delivery
2.5.2 Sent by electronic m a i l - within one ( 1 ) working day
2 . 5 . 3 Sent by registered post - within seven (7) c a l e n d a r days after posting
c.
3.0 O F F E R A N D ACCEPTANCE
3 . 1 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 by the emp l oyer
3:2 This a g reement s h a l l come into force on the date of acceptance by the e m p l o y e r ( the contract date) and
continue to be of force and effect until the end of the latent defects liability period - no tw ithstanding
termination or the ce rt ification of fi n a l c om p letion and final payment [ 1 1 . 0 ; 29.0 & 30.0]
3 . 3 W here any pr o vision of this a g r e e m e n t, which is not material to its efficacy as a whole , is rendered void,
illegal or unenforceable under any law , the v a l i d i ty , legali ty and enforceability of the remaining provisions
shall not in any way be affected or impaired. The parties shall endeavour in good faith to agree an
alternative provision to the void, illegal or un e nforceable provision
3.4 F ailure by a pa rty to enforce any provision of this a g reement shall not constitute a wai v er of terms of this
a g reement or affect such pa rty ' s rights to require the pe rf ormance at any time in the future
4.0 ASSIGNMENT AND CESSION
4 . 1 Neither pa rty shall assign or cede rights or obligations under this agreement without the prior written
consent of the other p a rt y, which consent s h a l l not be unreasonably withheld
©Copyright reserved: JBCC® Principal Bt1ilding Agreement, Edition 6 . 1 - March 2 0 1 4

Page 8 of 32 Pages
4.2 The contractor shall not consent to a nominated subcontractor assigning or ceding rights or obligations in
terms of this agreement without obtaining the prior written consent of the principal agent
4.3 Notwithstanding the above, where a party cedes any right to any monies due or to become due under this
agreement as security in favour of a financial institution, consent shall not be required provided notice of
such cession is given to the other party
5.0 CONTRACT D O C U M E N T S
5.1 The parties shall sign the original contract documents and shall each be issued with a copy thereof.
The original signed contract documents shall be held by the p r i n c i p a l agent [CD]
5.2 Persons authorised to act on behalf of the parties and/or agents appointed by the employer shall be
identified in the construction information. Such authorised person may be changed by notice to the other
party
5.3 The priced d o c u m e n t shall not be used as a specification of materials a n d goods or methods
5.4 The contract documents shall not be published or disclosed or used for any purpose other than that
specified in this agreement by one party without the prior written consent of the other party
5.5 The principal agent shall timeously provide the number of copies (CD] of drawings, un-priced bills of
quantities and other construction information at no cost to the contractor
5.6 The contract documents shall be deemed to be mutually explanatory of one another. In the event of
ambiguity, discrepancy, divergence or inconsistency in or between them, this agreement shall prevail over
all other contract documents
6.0 EMPLOYER'S AGENTS
6.1 The employer warrants that the principal agent has full authority and obligation to act and bind the
employer in terms of this agreement. The principal agent has no authority to amend this agreement
6.2 The employer may appoint agents to deal with specific aspects of the works in terms of this agreement
[CD). The principal agent shall give notice to the contractor where such authority to issue contract
instructions and perform duties for specific aspects of the works is delegated to agents. An agent
appointed in terms of this clause shall not be entitled to subdelegate its authority without the prior written
consent of the employer
6.3 The principal agent and agents shall declare any interest or involvement in the works other than a
professional interest, where applicable [CD)
6.4 Where any agent fails to act in terms of delegated authority, the contractor shall give notice to the
principal agent to rectify such default within five (5) working days. Where such default has not been
rectified, the contractor may give notice to suspend the works [28.0)
6.5 Where any agent fails to act or is unable to act, or ceases to be an agent, in terms of this agreement, the
employer shall appoint another agent within five (5) working days of the date of such notice from the
contractor. The employer shall not appoint an agent against whom the contractor makes reasonable
objection within five (5) working days of receipt of notice of intention to make such an appointment
6.6 The employer shall not interfere with or prevent the principal agent or an agent from exercising fair and
reasonable judgement when performing their obligations in terms of this agreement
7.0 D E S I G N RESPONSIBILITY
7.1 The contractor shall not be responsible for the design of the works other than the contractor's and
subcontractors' temporary works. The contractor shall not be responsible for the coordination of design
elements
7.2 Any design responsibility undertaken by a subcontractor shall not devolve on the contractor. All
contractual or other rights the contractor has against such subcontractor arising from any design
responsibility undertaken shall be ceded to the employer on the date of final completion or the date of
termination of this agreement (9.2.3)

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Page 9 of 32 Pages
7.3 The contractor shall be responsible for the timeous submission of design documentation by a selected
subcontractor for acceptance by the principal agent and/or agents [23.2.8]
INSURANCE AND SECURITY
8.0 WORKS RISK
8 .1 The contractor shall take full responsibility for the works from the date on which possession of the site is
given to the contractor and up to the date of issue of the certificate of practical completion or deemed
achievement of practical completion for a section or the works as a whole. Thereafter responsibility for
the works shall pass to the employer
8.2 The contractor shall make good physical loss and repair damage to the works caused by or arising from:
8.2.1 Any cause before the date of practical completion [ 1 9 . 0 ]
8.2.2 Any act or omission of the contractor in the course of any work carried out in pursuance of the
contractor's obligations after the date of practical completion
(\
,
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8.3 The liability of the contractor in respect of any loss or damage shall include, but not be limited to:
8.3.1 The cost of making good such physical loss and repairing damage to the works including clearing
away and removing all debris, and any other costs to reinstate the works
8.3.2 The new replacement value of free issue [ 1 2 . 1 . 1 1 ] [CD]
8.3.3 The cost of additional professional services
8.4 The limit of the contractor's liability shall not exceed the Contract Works Insurance [CD]. Where the
contract value exceeds the contract sum by more than ten per cent ( 1 0 % ) or the percentage stated [CD]
the insurance provisions shall be adjusted at the employer's expense. The party responsible for effecting
insurance shall provide written proof of such adjustment [ 1 0 . 0 ]
8.5 The contractor shall not be liable for the cost of making good physical loss and repairing damage to the
works caused by or arising from:
8.5.1 The use or occupation of any part of the works by the employer, the employer's employees or
agents and those for whose acts they are responsible
8.5.2 An act or omission of the employer, the employer's employees or agents and those for whose acts
they are responsible
8.5.3 An act or omission by a direct contractor
8.5.4 The design of the works for which the contractor is not responsible [7 . 1 ]
A defect in free issue or materials and goods specified by trade name where the contractor has
no right of substitution. The contractor hereby cedes any right of action to the e m p l o y e r that m a y
exist against the supplier and/or.manufacturer of such free issue, and/or materials and goods
Force majeure
Where the contractor is not liable for the cost of making good physical loss or repairing damage [8.5] such
making good and/or expense and/or loss s h a l l be measured and valued and added to the contract value by
the principal agent [ 1 7 . 1 . 1 OJ
The contractor shall immediately give notice to the p r i n c i p a l agent on becoming aware of physical loss or
damage to the works
INDEMNITIES
The contractor indemnifies the employer, the employer's employees or agents from all claims or
proceedings for damages, expense and/or loss (including legal fees and expenses) in respect of or arising
from the following events (except those attributable to a n act or omission of the employer, the employer's
employees or agents):

I
Page 1 0 of 32 Pages
9.1.1 Death or bodily injury or illness of any person or physical loss or dams
the works [9.2.7] arising out of or due to the execution of the ,.;;
occupation of the site by the contractor. Should such an event occur. �
give notice to the principal agent ''
9.1.2 Non-compliance by the contractor with any law, regulation, or bylaV{
and the failure by the contractor to obtain any permit, license or ap
required to obtain in terms of this agreement (2.1 J
9.1.3 Physical loss or damage to construction e q u i p m e n t or other prope ·
or the contractor's subcontractors but excluding direct contractor
other property -,
9.2 The employer indemnifies and holds the contractor harmless from all claims
expense and/or loss (including legal fees and expenses) in respect of or arl'
·:·_·.l
9.2.1 An act or omission of the employer, the employer's employees or aqen
they are responsible
9.2.2 An act or omission of a direct contractor [ 1 6 . 0 ]
,,-,, 9.2.3 Design of the works [ 7 . 1 J where the contractor is not responsible for s��f
( )
l
9.2.4 The use or occupation of any part of the works by the employer, tenants;
others authorised by the employer
9.2.5 Proceeding with the works on instruction from the employer without the e· __
required permission under the law in terms of this agreement ( 2 . 1 ] ·,,
9.2.6 Interference with any servitude or other right not depicted in construction :info�
contractor that is the unavoidable result of the execution of the works includr
weakening of or interference with the support of land and property adjacent,d
unless resulting from any negligent act or omission by the contractor or his .sii�
such an event occur, the contractor shall forthwith give notice to the princip"1.L-ii°'
·::.:.
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9.2.7 Physical loss or damage to an existing structure and the contents thereof where th!§
alterations or additions to the existing structure [CD]. Should such an event ogc({ ..
shall forthwith give notice to the principal agent • ,;.,:�\�-:Hi� ·
·. :�;-4· .
9.2.8 A defect in free issue [CD]
9.2.9 Physical loss or damage to the works where practical completion has been certified [19.0] or
deemed to have been achieved
-»
/
.\\
� .
9.2.10 Advance payments certified and paid by the contractor to subcontractors [27 . 1 . 7; 27.2.4]
�.J •
•
10.0 I N S U RA N C E S
10.1 The party responsible for the respective insurances [CD] shall effect and keep in force in the joint names of
the parties from the date of possession of the site until the contractor's responsibility has ended:
10.1.1 Contract Works Insurance (CD] for the works that shall include free issue [CD], materials and
goods and temporary works (as defined in the insurance policy) and adequate cover for the clearing
away and removing of all debris, and any other costs to reinstate the works and where required,
damage to employer owned surrounding property [CD] in the care, custody or control of the
contractor or to be worked upon by the contractor
10.1.2 Public Liability Insurance [CD] providing indemnity in respect of accidental death or injury to any
person and accidental loss of or physical damage to tangible property, to remain in force until the date
of final completion
10.1.3 Supplementary Insurance [CD] for the works against loss or damage caused by civil commotion, riot,
strike, labour disturbance and lockout to the extent not insured under the Contract Works Insurance
10.1.4 Removal of Lateral Support Insurance [CD] where the employer considers that the execution of the
works could cause the removal of or weakening of or interference with the support of land or property
adjacent to or within the site and the consequences thereof. The employer shall appoint an agent to
design and monitor appropriate support structures for use in excavations and/or in existing property
that form part of the works and/or the site

(
. •
, S � -' e "' :-'•"-'<•�"•• "r
10.2 Where practical completion in sections is required [20,�j(dr,
employer shall effect and keep in force Contract Works· Insurance P�b
Insurance and where applicable, Removal of Lateral Support lnsurance, "lrr thiit,Jo1 � .
until the date of fi n a l completion · ··
10.3 The party responsible [10.1 J for effecting insurances [ 1 0 . 1 . 1 -4 and/or 10.2] shall provide proof of the
insurances effected to the other party before the commencement of the construction period and, where
required, provide proof of extension or renewal of such policy before expiry of the existing policy. Approval
by the other party s h a l l be deemed unless a reasonable objection is lodged within ten ( 1 0 ) working days of
receipt of such proof
10.4 Upon request the party responsible for effecting insurance shall provide the other party with the entire policy
wording of such policies
10.5 The contractor shall be responsible for the policy deductibles [CD] in respect of the insurances arranged by
the employer where an action or inaction by contractor is the cause of a claim
10.6 Where this agreement is terminated (29.0] and the contractor is not required to make good the physical
loss or repair damage to the works, the right to the proceeds of an insurance claim shall vest solely in the
employer. The party responsible for the insurance shall give notice to the insurer to clarify the status of the
insurance cover and/or further insurance obligations applicable to the works, Public Liability Insurance,
Supplementary Insurance and Removal of Lateral Support Insurance
r
-•- .:»
10.7 Where a party [CD] fails to effect or maintain the required insurances [ 1 0 . 1 ] or fails to provide proof of such
insurance ( 1 0 . 4 ] the other party may give five (5) working days notice to comply failing which the other
party may, without prejudice to any other remedy, effect such insurance and recover the expense and/or
cost so incurred from the defaulting party ·
10.8 Where the employer fails to effect the specified insurances within ten ( 1 0 ) working days after notice to do
so by the contractor, the contractor may, on expiry of the notice period, suspend the works until such
insurances have been effected ( 2 8 . 1 . 4 ]
10.9 Any amounts not recovered from insurers shall be borne by the employer or contractor (as the case may
be) in accordance with their respective obligations, liabilities and responsibilities under this agreement.
However, where a party fails to effect and maintain insurance under this agreement, and the other party
does not waive its right to demand such insurance be effected or maintained by that party and does not
effect the insurance itself (10.7). any loss or damage which should have been recoverable under the
insurance in question will be borne by the party responsible for effecting the insurance [CD]
10.10 The employer shall effect separate insurance in respect of direct contractors outside this agreement [CD]
10.11 The party responsible for effecting the insurance shall keep insurers informed of any relevant changes in
respect of this agreement
«: 11.0 S E C U R I TY
11.1 The contractor shall:
Provide to the employer a JBCC® Guarantee for Construction, where applicable [CD]. within
fifteen ( 1 5 ) working days of acceptance of the contractor's offer and choose:
A JBCC® Guarantee for Construction - (variable) [CD] initially equal to ten per cent ( 1 0 % ) of the
contract s u m and keep such security valid and enforceable until the final payment certificate has
been issued to the contractor [25.6]
Or . . .
A JBCC® Guarantee for Construction - (fixed) set at five per cent (5%) of the contract sum [CD]
and a payment reduction of 5% of the value of each payment certificate up to a maximum of five per
cent (5%) of the contract sum [25.3.3]. The contractor shall keep such security valid and
enforceable until the only or last certificate of practical completion has been issued
A JBCC® Guarantee for Advance Payment where an advance payment is required equal in value
to the aggregate amount of all such advance payments [CD]. The contractor shall keep such
security valid and enforceable until the advance payment is repaid [ 1 1 . 2 ]
©Copyright reserved: JBCC® Principal Building Agreement, Edition 6 . 1 - March 2014

11.1.5 Extend or provide a replacement JBCC® Guarantee for Construction - (variable) or (fixed) and/or a
JBCC® Guarantee for Advance Payment at least twenty (20) working days before such security
is due to expire [ 1 1 . 1 . 2 - 4 ]
11.2 The amount of the JBCC® Guarantee for Advance Payment may be reduced by the amount repaid by the
contractor as certified by the principal agent in payment certificates. If the advance payment is not repaid
by the date a certificate of practical completion is issued or practical completion is deemed achieved, or
by the date of termination by the employer due to contractor default [29.9], the entire outstanding amount
shall immediately become due and payable
11.3 Where the contractor fails to provide the security the employer may:
11.3.1 Hand over the site to the contractor and withhold in interim payment certificates to the contractor
an amount equal to ten per cent ( 1 0 % ) of the contract s u m . The amount withheld shall be reduced at
practical completion [ 1 9 . 0 ] to two and one half per cent (2.5%) of the contract s u m and to zero per
cent (0%) in the final payment certificate [25.6]
Or . . .
11.3.2 Terminate this agreement [ 2 9 . 1 . 1 )
11.4 The employer s h a l l :
11.4.1 Provide to the contractor a JBCC® Guarantee for Payment where required in the accepted offer
[CD] within fifteen ( 1 5 ) w or k ing days of acceptance of the contractor's offer
11.4.2 K ee p such J B CC® Guarantee for Payment v a lid and enforceable in terms of the s e curi ty form
a nd/ o r provide a replacement JB CC® Guarantee for P a y ment at least twenty (20) working days
before such security is due to expire [ 1 1 . 4 . 1 ]
11.5 Where the employe r fails to provide the J BCC® Guarantee for Payment [CD], or such security has
expired , the contractor may , after ten (10) working da y s not i ce forthwith s u spend the works u ntil such
security has been provided [ 2 8 . 1 . 1 J
11.6 Where the contract value exceeds the contract sum by more than ten per cent (10%) the applicable
securi ty sha l l be adjusted at the employer ' s expense. The party responsi b le for ad ju stin g the securit y
value shall provide written proof of s u ch ad ju stment
11.7 A s e cu ri ty held by either party shal l be for the due fulfilment of the other p art y' s obli g ations in terms of this
agreement
11.8 The p a rt ies shal l return the original or the replacement securi ty form w i thin ten ( 1 0 ) w or k in g days after the
expir y date , or after the date of termination

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11.9 Where a party
the other party

makes an u n ju stified ca l l on a security, the amount paid and mora interest shall be paid to
-
11.10 T he contractor sh a l l waive his lien on receipt of J BCC® Guarantee for P a y ment from the em p lo y er
EXECUTION
12.0 D U T I E S OF THE PARTIES
12.1 The e m p l o y e r s h a l l :
12.1.1 Provide a JB CC ® Guaran t ee for Pa y m e nt [ 1 1 . 4 . 1 ] , where applicable [CD]
12.1.2 Record specific re qu irements [ CD] where the exis t in g premises wi l l be in use and occ upi ed d u rin g the
execution of the wor k s , including restriction of working hours
· 12.1.3 Record and describe relevant nat u ral features and known services [CD] where the contractor s hall
be responsible for their preservation
12.1.4 Define any restrictions to the site or areas that the contractor may not occupy [ CD]
12.1.5 Identify access to water, sewer, stormwater and/or electricity connect i ons to the site [C D]
©Copyright reserved: JBCC® Principal Building Agreement. Edition 6 . 1 - March 2 0 1 4

· - - � ------------------------------
12.1.6 List statutory and other notices the contractor must submit and/or comply with before possession of
the site can be given
12.1.7 Give possession of the site to the contractor on the agreed date [CD]
12.1.8 Effect and keep in force insurances in the joint names of the parties, where the employer is
responsible for procuring insurance [ 1 0 . 0 ] [CD]
12.1.9 Make payments by the due date (25. 7] [CD]
12.1.10 Make advance payments, where required [CD]
12.1.11 Permit reasonable access to the works by the contractor and/or subcontractors subsequent to
practical completion to fulfil outstanding obligations [ 1 7 . 1 . 1 6 ]
12.1.12 S u p p l y free issue to suit the programme [CD]
12.1.13 Define the extent of work to be carried out by a direct contractor [CD]
12.1.14 Ensure that the principal agent and/or agents provide adequate construction information
timeously to the contractor
l\ !
12.1.15 Make direct payment where the contractor has failed to honour a n/s subcontract payment advice
-- !
after notice of default by a subcontractor [ 1 4 . 5 and/or 1 5 . 5 ] at the employer's discretion
12.2.1. Have inspected the site and any existing structures and be thoroughly acquainted with the conditions
under wh i ch the w orks is to be executed including means of access and any matters w hich may
in fl uence the e x ecution and / or the pricing of the works
12.2.2 S ubmit to the principal a g e n t the priced d ocum e nt with items priced to i nclude ali costs, overheads
and profit , extended and cast w ithin fifteen ( 1 5 ) work i ng d ays of acceptance of the contractor's
offer. The p rincipa l a g ent may instruct the contractor to adjust prices con s idered to be im b alanced
or unreasona b le and to eliminate errors or discrepancies without any change to the contract s u m
12.2.3 Provide a JB CC ® Gu arantee for Construction [ 1 1 . 1 . 2 - 3 , 1 1 . 1 . 5 ] , where applicable [CD ]
12.2.4 Prov i de a JB CC ® G uarantee or

f Adva nce Payment [ 1 1 . 1 . 4 ; 1 1 . 1 . 5 ; 1 1 . 2 ] , where applica b le [CD ]
12.2.5 Effect and keep in force insurances in the joint names of the pa rt ies w here the contractor is
re s ponsible for procur i ng i nsurance [ 1 0 . 0 ] [CD]
1 2.2.6 Prepare and su b mit to the princi p al a g ent within fifteen ( 15) working d ays of receipt of
() construction in f orma t ion a programme for the works in su ffi c ient detail to enable the principal
a g ent to monitor the progress of the w orks
12.2.7 Coordinate the programme w ith subcontractors' and d irect contractors' programmes
12.2.8 R egularly submit to the principal agent a progress report and a schedule of outstanding
construction in f ormation to avoid delays to the works
.. ,. 12
R egularly update the pro g r a mme to illus t rate progress of the works , and revise the pro g ramme
:
{,�} .2.9
where the prin c ip a l agent has revised the date for pra c tical c ompletion
C ooperate w ith the prin c ipa l agent in the preparation of cash ow projections and the comp i l a tion of
fl
pa y ment ce rt i fi cat e s [ 2 5 . 1 - 2 ]
Designate a competent person to c ontinuously administer and control the works and to receive and
imp l eme n t notices and con t ra c t instructions on behalf of the contractor
Mai n tain daily records of categories of perso n s and construction e q uipme n t employed on the
w orks and regular l y provide copies to the principal a g ent
. 2 . 1 3 K eep on site a copy of a l l c onstru c tion in f ormation required for e x ecution of the works to w hich the
emplo y er a n d p r i n c i p a l agent and / or a g ents shall have reasonable access
A llow the emp l o y er and principal agen t and / or agents reasonable access to the works, workshops
and other p l aces where work is being prepared , executed or stored

--- --·---·--·-----��------1
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12.2.15 Provide everythinq necessary for the proper exe ·
documents
<.!
12.2.16 Give notice forthwith to the principal agent and/oli
been received damaged prior to storage or, where .
before installing such items ·
. '
12.2.17 On being given possession of the site commence :
proceed with due diligence, regularity, expedition, ski!
to practical completion and to final completion ·
.-_;f-!.
12.2.18 Provide, maintain and remove on practical comp·l;tio. truction
equipment and notice boards · t
12.2.19 On achievement of practical completion hand over to th

preparation of 'as built' documentation and applicable stafut�':"
12.2.20 On achievement of practical completion hand over to t' and
instruction manuals, product guarantees and the like · -�
12.2.21 Cede to the employer on the date of issue of the certificaf
warranty or indemnity, pertaining to the works. This cession sha
the employer may have
12.3 The principal agent and the contractor shall hold regular meetings to
deal with technical and coordination matters. The principal agent shall
inon
re
•
minutes of such meetings [CD] �- .
13.0 SETTING OUT
13.1 The principal agent shall:
13.1.1 Point out boundary pegs or beacons identifying the site and the datum i�y
13.1.2 Define the setting out points and levels required for the execution of the wo··
. ��
13.2.1 Be responsible for accurate setting out of the works notwithstanding checking _RY-;?.fuers-
� - ..., ... l"' .
13.2.2 Be responsible for the preservation and the reinstatement of boundary peg.s': beacons and other
survey information and, where disturbed or destroyed, replace such items at his expehse ·
· Not be responsible for incorrect setting out if incorrect information was to the contractor.
.: 13.2.3 issued,
[9.2.6] In such event the contractor may be entitled to a revision of t h e · date for practical
completion and/or an adjustment of the contract value [23.2.5]
13.2.4 Immediately suspend affected work to an appropriate extent where undocumented services, natural
features, articles of value or relics are uncovered on site, and give notice to the principal agent who
shall issue a contract instruction on how to proceed with the works. Any relics or other articles
found on the site shall remain the property of the employer
14.0 N O M I N A T E D SUBCONTRACTORS
14.1 The principal agent and/or agents shall:
14.1.1 Prepare tender documents in conformity with the n/s subcontract agreement for work intended to be
executed by a nominated subcontractor
14.1.2 Call for tenders
14.1.3 Scrutinise the received tenders for compliance with the tender documents, in consultation with the
contractor, where appointed
14.1.4 Nominate a subcontractor and instruct the contractor [ 1 7 . 1 . 1 3 ] to appoint such subcontractor as a
nominated subcontractor in terms of the n/s subcontract agreement and other tender
requirements

14.1.5 Inform the contractor where an advance payment is to be made to the subcontractor for an amount
included in the accepted offer and that a JBCC® Guarantee for Advance Payment shall be provided
by the subcontractor for the amount stated [NSSA-CD]
14.2 The contractor may refuse to appoint such subcontractor:
14.2.1 Against whom the contractor makes a reasonable objection
14.2.2 Who refuses or fails to enter into a n/s subcontract agreement and/or to comply with other tender
requirements
14.2.3 Who is unable to provide a security, where specified [NSSA-CD]
14.3 Where such subcontractor is not appointed by the contractor for the reasons stated ( 1 4 . 2 ] . or where the
appointment of a subcontractor has been terminated, another subcontractor shall be nominated and
appointed on instruction from the p r i n c i p a l agent
14.4 Where the subcontractor has complied with the tender requirements, on instruction from the principal
agent, the contractor s h a l l :
14.4.1 Appoint the subcontractor as a nominated subcontractor and forward a copy of the signed n/s
subcontract agreement to the principal agent
14.4.2 Provide a JBCC® NSSA Guarantee for Payment in the amount stated in the n/s. subcontract data
within fifteen ( 1 5 ) working days [ 1 4 . 1 . 5 ] , where specified [NSSA-CD]
14.4.3 Forward the subcontractor's regular payment claims to the principal agent and/or agent by the
date stated [NSSA-CD] for inclusion in the contractor's regular payment claim
14.4.4 Notify the subcontractor of the amount included in the payment certificate using the JBCC® n/s
subcontract payment advice format and the n/s subcontract recovery statement format to reconcile
the amount d u e for payment with the amount stated in the n/s subcontract payment notification format
issued by the principal agent, and forward a copy to the principal agent
14.4.5 Pay the subcontractor the amount certified by the date stated in the n/s subcontract data ( 2 5 . 1 1 ]
[NSSA-CD]
14.5 Where the contractor fails to provide proof of payment to the subcontractor within five (5) working days of
a notice by the p r i n c i p a l agent, the employer may instruct the principal agent to certify direct payment to
the subcontractor a n d recover such amount from the contractor [ 2 5 . 1 1 ]
14.6 Where a nominated subcontractor has been declared insolvent, or where after notification by the
contractor, the principal agent agrees that a nominated subcontractor is in default of a material term of
the n/s subcontract agreement, the principal agent shall instruct the contractor to give notice to the
<) subcontractor to rectify such default. The principal agent shall instruct the contractor to terminate the n/s
subcontract agreement should such default continue for five (5) working days after such notice
14.7 Where a n/s subcontract agreement with a nominated subcontractor is terminated:
14.7.1 The principal agent shall instruct the contractor to appoint another nominated subcontractor
( 1 4 . 1 . 4 ] to complete the n/s subcontract works
14.7.2 Due to default or insolvency of the subcontractor, or default of the employer and/or agents, the n/s
subcontract value shall be adjusted to includ e the cost of completing such n/s subcontract works
(25.3.7]
;
:>...,
'
14.7.3 Due to default or insolvency of the contractor any variation in the cost of completing the n/s
subcontract works shall be for the account of the contractor. The employer may recover expense
and/or loss (25.3.7]
There shall be no privity of contract between the employer and a subcontractor appointed by the
contractor
: SELECTED S U B C O N T RA C T O R S
' . , The principal agent and/or agents s h a l l :
DR¥!;).9h!re_served,_JBCC® Prineipal Building Agreement, Edition 6 . 1 -March 2014
·1t�_t!;� - · · -
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15.1.1 Prepare tender documents in conformity with the nls subcontract agreement and this agreement
for work intended to be executed by a selected subcontractor. Such preparation shall be carried out
in consultation with and to the reasonable approval of the contractor
15.1.2 .Call for tenders from a list of tenderers agreed between the contractor and the principal agent
15.1.3 Scrutinise the received offers for compliance with the tender documents in consultation with the
contractor
15.1.4 In consultation with the contractor, choose the successful tenderer to be appointed as a selected
subcontractor in terms of the nls subcontract agreement
15.1.5 Inform the contractor where an advance payment is to be made to the subcontractor for an amount
included in the accepted offer and that a JBCC® Guarantee for Advance Payment shall be provided
by the subcontractor for the amount stated [NSSA-CDJ
15.2 Where the subcontractor has complied with the tender requirements, on instruction from the principal
agent, the contractor shall:
15.2.1 Appoint the subcontractor as a selected subcontractor and forward a copy of the signed nls
subcontract agreement to the principal agent
�.,
15.2.2 Provide a JBCC® NSSA Guarantee for Payment in the amount stated in the n/s subcontract data
( I
within fifteen ( 1 5 ) working days ( 1 5 . 1 . 5 ] , where specified [NSSA-CDJ
15.2.3 Forward the subcontractor's regu l ar pa y ment c l aims to the principal agent a nd/ o r agent by the
date s tated [NSSA - C D J for inclusion in the contractor's reg u lar pa y ment c l aim
15.2.4 Notify the s ubcontractor of the amount included in the p ay m ent certificate usin g the n/s
subcontrac t pa y ment advice format and the n/s subcontract recovery statement format to rec o ncile
the am o unt due for p ayment with the amount stated in the n/s subc o ntract pa y ment notification format
issued by the principal agent , and forward a copy to the p r i n c i p a l agent
15.2.5 P a y the su b contractor the a m ount ce rt i fi ed by the date stated in the nls subcontract data [ 2 5 . 1 1 )
[NSSA - C D)
15.3 T he contractor ma y refuse to appoint such subcontractor ;
15.3.1 Who refuses or fails to enter into a nls s ubcontract agree m ent and/or to co m p l y with other tender
re q uirements
15.3.2 Who is unab l e to provide a securi ty , where specified [ NSSA - CD J
15.4 Where .such s u b co n tractor is not a ppoi nt ed by the c ontractor for the reasons s tated ( 15.3), or where the •�.--·
a p pointment of a s u bcontractor has been terminated, another subco n tractor sha l l be chosen an d be W
(J
appointed on instruction from the princ i pal a g ent
15.5 Where the contractor fails to provide proof of pa y ment to a subco n tractor within five ( 5) work i n g day s of a
noti ce by the p rinci p al age n t, the e m plo y er may instruct the principal agent to certify direct p a y ment to
the subcontractor a nd recover such amount from the contractor ( 25.11 J
15.6 Where the selected subco n tractor is in default of a m aterial term of the nls subcontract a g r e e ment , the
decision of w hether or not to terminate the nls subcontract a g reement is that of the contractor
15.7 Where a nls subco n tract agreeme n t with a selected subcontractor is terminated:
15.7.1 T he contractor shall appoint another selected s u bco n tractor ( 15.1.4) to complete the n/s
subcontract w orks in consu l tation with the p r i n c i p a l agent and / or agents
15.7.2 D ue to d efault by the employer or ag e nts, the n/s subcontr a ct value shall be adjusted to i nclu d e the
cost of completin g such n/s subcontract works [ 25.3. 7 ]
15.7.3 O ther than due to default by the em p loyer or a g ents , an y variation in the cost of carr yin g out and
completin g the n/s subcontract works s h a l l be for the accoun t of the contractor ( 25.3. 7]
15.8 T here sha l l be no privity of contract between the e m p loyer and a s u bc o ntr a ctor appointed by the
contractor

16.0 DIRECT CONTRACTORS
16.1 The contractor s h.a l l :
16.1.1 On instruction by the principal agent permit a direct contractor(s) to execute and/or install work as
part of the works [CD]. Such access to the works shall not constitute deemed achievement of
practical completion or occupation by the employer ( 1 9 . 6 ]
16.1.2 Make reasonable allowance in the programme for such work or installation (CD]
16.1.3 Be entitled to claim expense and/or loss caused by a direct contractor(s) (26.5.4]
16.2 Payment of a direct contractor shall be the responsibility of the employer outside this agreement
16.3 There shall be no privity of contract between the contractor and a direct contractor appointed by the
employer
17.0 CONTRACT I N S T R U C T I O N S
17.1 The principal agent may issue contract instructions to the contractor regarding:
c) .
I
17.1.1 Rectification of discrepancies, errors in descriptions or omissions in contract documents other than
this agreement
17.1.2 Alteration to design, standards or quantity of the works provided that such contract instructions
shall not substantially change the scope of the works
17.1.3 The site ( 1 3 . 1 - 2 ]
17.1.4 Compliance with the law, regulations and bylaws ( 2 . 1 ]
17.1.5 Provision and testing of samples of materials a n d goods, of finishes and assemblies of elements of
the works
17.1.6 Opening up of work for inspection, removal or re-execution
17.1.7 Removal or re-execution of work
17.1.8 Removal or substitution of any materials and goods
17.1.9 Protection of the works
0 17.1.10 Making good physical loss and repairing damage to the works (8.0]
17.1.11 Rectification of defects ( 2 1 . 2 ]
17.1.12 A list for practical completion specifying outstanding or defective work to be rectified to achieve
practical completion and a list for completion and a list for final completion specifying
outstanding or defective work to be rectified to achieve fi n a l completion
17.1.13 Expenditure of budgetary allowances, prime cost amounts and provisional s u m s
17.1.14 Appointment of a subcontractor [ 1 4 . 0 ; 1 5 . 0 ]
17.1.15 Termination of a nominated n/s subcontract agreement (27.2.8]
17.1.16 Work by (a) direct contractor(s) ( 1 6 . 0 ]
17.1.17 Access by other or previous contractors to remedy defective work
17.1.18 Removal from the site of any person employed on the works
17.1.19 Removal from the site of any person not engaged on or connected with the works
17.1.20 On termination, protection of the works, removal of construction e q u i p m e n t and surplus materials
and goods (29.0]

17. 2 T he co nt rac or shat ll comp y l w t i h and du y execute a l ll con ra t c t instructloi
. -· . -:f}"
17.3 S h o u l d the contractor fail to proceed with a contract instruction with dti' · dncipal agent
may give notice to the contractor to proceed within five (5) working daysb . '.fotice. Where
the contractor remains in default, the employer may engage others to carry_ · ct instruction.
The employer may recover expense and/or loss incurred [27.2.3] · · ,
17.4 The contractor shall not be obliged to execute contract instructions'·}°Jf
certified date of practical completion ·
17.5 Oral instructions s h a l l be of no force or effect
COMPLETION
18.0
INTERIM COMPLETION _ _-) :t-�.c
11
This clause applies only in the JBCC® N/S Subcontract Agreement and i� iliifa'aI�a'f��tain matching
clause numbers between the two agreements ·:,•,-. · · ·
. ;.�, ;��:��h-d.
,._, '. . .
19.0 PRACTICAL COMPLETION
19.1 T he p r i n c i p al a g ent s h a l l:
19.1.1 I ns p ect the w or ks at a pp ro p riate inte rv als to give the contractor i n t e r p r e t a t l o n s' a n d direct ion o n t h e
standard of w or k and the state of com pl etion of the w or ks re q u rei d of t e h co n trac or t t o ac hi eve
pra c ic
t al c o mple tio n [CD] ,: ' .:1
19.1.2 I ssue a contract i n s tr u ction [ 1 7 . 1 . 5 - 1 OJ conse q uent on each such ins p ection , wh ere n e ce s sa ry
19.1.3 I nspect the w or ks within the perio d state d [CD]
19.2 Th e contr a ctor sha ll:
19.2.1 I nspect the w or ks in advance of the ( revised ) d a e

t for practical com p letion to con fi rm that th e
standard of wor k re q u rei d an d the state of com ple t on of the

i w or ks for p r ac tic al co m p etion
l [CD]
has been achie v ed
19.2.2 Giv e t meous i notice to t e princ pa h i l a g ent of the ant c i ip a edt d ate for t e h in spect on for i p ract ca i l
completion of t e h w or ks to meet the ( re v ise d) date for p r a ctica l co mp letion [CD]
�\
19.3 The princi pal a gent sha l a l fte r ins p ection of t e h w or ks, or a s e c tion o f t e h w or ks, w th n t e per o
i i h i d s ta e t d
, : 0
[ 1 9 . 1 . 3 ] fo rt h w ith issue :
' �
�:
19.3.1 A com p reh e nsive and conc usi l v e l is t f or practical co m plet on [ 1 7 . 1 . 1 2 ] to the contrac or wher
i t e the
w or ks has not re a ched practical completion s p eci fy ing the d e ect

f s to be recti ed and fi w or k t o be
completed to ach e i v e p ractical completion
19.3.2 A n up d ated li s t f or p ractical co mp letio n t

o the contractor , limited to items on the li s t f or pract ic al
completion t h a t h ave not been a tt en d e d to satisfactor ly to be recti ed and i fi w or k to be com p lete d to
ach eve practic

i a l comp etion l . T h e con ractor t s hall repeat t e h p rocedure unti l al l items on th e l is t
f or p ractical co mp letion ha v e b een dealt with satisfactori ly before the ce rt ificate o f p rac ti ca l
co mp letion is issued b y the principa l agent
Or . . .
19.3.3 A ce rt i fi cate o f practical comp etion to the contr l a ctor wi th a co p y to the employ e r stat n i g t he d at e
on w hich pr a ctical com p letion of the w or ks, or of a s ection , was ach e i v e d
19.3.4 A li s t f or co mp letion of i tems to be rectified and w or k to b e com p leted with a cop y to the emplo y er
that ma y inclu d e mar k e d up drawings and photo g r a phs
19.4 S hould the p rinci p al a g ent not issue a li s t for p ractic a l co m pletion or the updated l st with n
i i fiv e (5)
w or k i ng da1s aft er t he i ns p ect on i p erio d, [ 1 9 . 3 ] the contractor shall g ve notice to the e i m plo y er and the
princ p i a l a g e n t. S h ou d the l princi pa l a g ent not i ssue such li s t with in a fu rt h er fiv e (5) w or k in g da ys of
rece ip t of such notice , practical completion sha l l be deemed to have been achieved on the

intended/revised date for practical completion and the principal agent shall issue the certificate of
practical completion forthwith
19.5 On issue of the certificate of practical completion, the employer s h a l l be entitled to possession of the
works and the site subject to the contractor's l i e n , where applicable
19.6 Where the employer takes possession of the whole or a portion of the works by agreement with the
contractor, practical completion shall be deemed to have occurred. The principal agent, after inspection
of the works, ( 1 9 . 3 . 3 ] shall issue a certificate of practical completion to the contractor with a copy to the
employer within five (5) working days certifying the date of possession of the works by the employer and
the list for completion of items to be rectified and work to be completed within thirty (30) working days, or
such additional period as the principal agent may allow
19.7 On achievement of practical completion of the works or a section of the works and where the principal
agent instructs that installation work is to be executed by others, the employer and/or contractor shall allow
access to the works or a section of the works for such other installations
20.0 SECTIONAL COMPLETION
20.1 Where completion of sections is required (CD] the terms and conditions applicable to the works as a whole
shall apply to each section
20.2 The principal agent shall issue:
20.2.1 A certificate of practical completion [ 1 9 . 3 . 3 ] for each section, and
20.2.2 A certificate of final completion for each section, indicating if it is for the last section to reach fi n a l
completion ( 2 1 . 4 . 2 ]
21.0 DEFECTS LIABILITY P E R I O D AND F I N A L C O M P L E T I O N
21.1 The defects liability period for the works shall commence on the calendar day following the date of
practical completion and end at midnight (00 : 00 ) nine ty (9 0) calendar days from the date of practical
completion [CD ] or when work on the list for final completion has been satisfactorily completed ( 21.4.1),
w hichever is the later
21.2 W here defects become ap p arent durin g the defects liabili ty p eriod the principal agent may instruct the
contractor to p ro g ressi v ely attend to such items , w hilst at all times minimising incon v enience to the
occupants
21.3 The contractor s h a l l :
0 21.3.1 I nspect and forthwith rectify all items on the list for completion at least ten (10) working days
before the expiry of the defects lia b ili ty period [ 19.3.4]
21.3.2 G ive notice to the principal agent to inspect the works within ve
fi (5) workin g days of receipt of
such notice
21.4 W here items on the li s t for completio n have not been a tt ended to the principal agent shall notify
the contractor of such outstandin g ite m s. The p rocess ( 2 1 . 3 ] shall be repeated until all items on the list for
completion have been a tt ended to
The contractor shall notify the princi p a l a ge n t when the items on the li st for completion have been
atte n de d to. T he p rincipal agent shall in s pect the works within ve (5 ) working
fi days of receipt of such
notice
;- . O n the expiry of the nine ty (9 0) calendar days defects liabili ty period [21 .1] or on notice from the
·,. . co ntractor that a ll items on the list for completion have b een com p l e ted , w h ich eve r is t he later, the
: p_ rh_1cipal ag ent s hall i nspect the works and within ten ( 10) w o r ki n g days either:
· · · : [ssue a li st for fin a l completion detailin g all outstandi n g w ork or d efects t h at mu st be a tt ended to or
. , . . .m.id IQ achieve fi n al completion
�. /': :�'�,' .
: .
,S'f·>.J,f!,;iai c o mp l etion to the contractor with a copy to the employer
·-r··-�;:;, '.
iP;�FBt!ik,iipg'Agreement, Edition 6.1 - March 2014
. �-B�:/t.. , :: :� . .
Page 20 of 32 Pages
21.7 Where the principal agent issues a list for final completion the contractor shall promptly complete all
outstanding work and rectify all the defects
21.7.1 The contractor shall notify the p r i n c i p a l agent when all outstanding work has been completed and
all the defects have been rectified
21.7.2 The principal agent shall, within five (5) working days of receipt of the contractor's notice(s)
[21. 7. 1 ] notify the contractor either that the items on the list for final completion have been
completed, or issue an updated list for final completion of the items not completed and of any
further defects that have become evident since the last inspection.
21.8 Where the principal agent gives notice to the contractor of items on the list for final completion or an
updated list for final completion that have not been completed and I or where further defects have
become evident since the last inspection, the process [ 2 1 . 7 .1-2] shall be repeated until all items on the
(updated) list for final completion have been completed. On completion of all items on the (updated) list
for final completion the principal agent shall forthwith issue the certificate of final completion to the
contractor with a copy to the employer
21.9 Where the principal a g e n t has not issued the list for final completion or the updated list within five (5)
working days after the inspection period, [ 2 1 . 4 ] the contractor shall give notice to the employer and the
principal agent forthwith. Should the principal agent not issue such list within a further five (5) working
days of receipt of such notice, final completion shall be deemed to have been achieved on expiry of such
notice and the principal agent shall issue the certificate of final completion forthwith
21.10 Where a subcontractor's defects liability period extends beyond the contractor's defects liability period:
21.10.1 The contractor's obligations and liability concerning the subcontractor's defects shall end on the
date of issue of the certificate of final completion
21.10.2 The remaining portion of the subcontractor's defects liability period shall be ceded to the employer
on the date of issue of the certificate of final completion
21.11 Where-the contractor, a subcontractor or a supplier is required to give a guarantee, warranty or indemnity,
other than a security to the contractor, the rights under such guarantee, warranty or indemnity shall be
ceded to the employer on the date of issue of the certificate of final completion. This cession shall not
prejudice any other rights the employer may have
21.12 A certificate of final completion shall be conclusive as to the sufficiency of the works and that the
contractor's obligations [ 1 2 . 2 . 1 7 ] have been fulfilled other than for latent defects
22.0 LATENT DEFECTS LIABILITY P E R I O D
22.1 The latent defects liability period for the works shall commence at the start of the construction period and A,
end five (5) years from the certified date of final completion W
_C_)
� 22.2 Where termination ofthis agreement occurs before the date of final completion, the latent defects liability
period shall end:
22.2.1 Five (5) years from the date of termination [29.1 OJ for the completed portion of the works only
Or . . .
22.2.2 On the date of termination where execution of the works has become impossible due to
circumstances beyond the control of either party [29.20]. or on the date of termination by the
contractor due to default by the employer [ 2 9 . 1 6 ]
22.3 The contractor shall make good all latent defects that appear up to the date of expiry of the latent defects
liability period [3.2]
23.0 REVISION OF T H E DATE FOR PRACTICAL C O M P L E T I O N
23.1 The contractor is entitled to a revision of the date for practical completion by the principal agent without
an adjustment of the contract value for a delay to practical completion caused by one or more of the
following events:
23.1.1 Adverse weather conditions

23.1.2 Inability to obtain materials a n d goods where the contractor has taken reasonable steps to avoid or
reduce such a delay
23.1.3 Making good physical loss and repairing damage to the works [8.2] where such risk is beyond the
reasonable control of the parties
23.1.4 Late supply of a prime cost a m o u n t item where the contractor has taken reasonable steps to avoid
or reduce such delay
23.1.5 Exercise of statutory power by a body of state or public or local authority that directly affects the
execution of the works
23.1.6 Force majeure
23.2 The contractor is entitled to a revision of the date for practical completion by the p r i n c i p a l agent with an
adjustment of the contract value [26.0], for a delay to practical completion caused by one or more of the
following events:
23.2.1 Delayed possession of the site [ 1 2 . 1 . 6 ]
23.2.2 Making good physical loss and repairing damage to the works [8.2] where the contractor is not at
risk
1Q
23.2.3 Contract instructions [ 1 7 . 1 - 2 ] n o t occasioned by the contractor's default
23.2.4 Opening up and testing of work and materials and goods where such work is in accordance with the
contract documents [ 1 7 . 1 . 5 - 7 ]
23.2.5 Late or incorrect issue of construction information [ 5 . 5 ; 6.4; 1 3 . 2 . 3 ; 1 7 .1.1-2]
23.2.6 Late supply of free issue, materials a n d goods for which the employer is responsible [ 1 2 . 1 . 1 1 J
23.2.7 Late appointment of a subcontractor in terms of the agreed programme where the contractor has
taken reasonable steps to avoid or reduce such delay [ 1 4 . 4 ; 1 5 . 2 ]
23.2.8 Late acceptance by the principal agent and/or agents of a design undertaken by a selected
subcontractor where the contractor's obligations have been met [7.3]
23.2.9 An act or omission by a nominated subcontractor [ 1 4 . 0 ] or a direct contractor [ 1 6 . 0 ]
23.2.10 Insolvency of a nominated subcontractor [ 1 4 . 7 . 2 ]
23.2.11 Suspension or termination by a subcontractor due to default of the employer, the principal agent
and/or any agent

;(_)
23.2.12 Execution of additional work for which the quantity in the bills of quantities is not sufficiently
accurate
23.2.13 Suspension of the works [28.0]
23.3 Further circumstances for which the contractor may be entitled to a revision of the date for practical
completion and an adjustment of the contract value are delays to practical completion due to any other
cause beyond the contractor's reasonable control that could not have reasonably been anticipated and
provided for. The p r i n c i p a l agent shall adjust the contract value where such delay is due to the employer
and/or agents
Should a listed circumstance occur [ 2 3 . 1 - 3 ] which could cause a delay to the date for practical completion,
the contractor shall:
Take reasonable steps to avoid or reduce such delay
Within twenty (20) working days of becoming aware, or ought reasonably to have become aware of
such delay, give notice to the p r i n c i p a l agent of the intention to submit a claim for a revision to the
-date of practical completion, failing which the contractor shall forfeit such claim
actor shall submit a claim for the revision of the date of practical completion to the principal
· ·.. · ,,.:{10) working days, or such extended period the principal agent may allow, from when
-PJ�}� quantify the. delay in terms of the programme
�.:3'� ,!
_c,lJ:if!L�JJild!iJgAgre,ement, EdiliQ!l l;> . 1 - March 2014
::··";._). . . , _ _ · · .
23.6
Where the contractor requests a revision of the date for p.
each circumstance separately state: :··
23.6.1
The relevant clause [ 2 3 . 1 - 3 ] on which the contractor.re
23.6.2
The cause and effect of the delay on the current date f
illustrated by a change to the critical path on the curren.f
23.6.3
The extension period claimed in working days and the:c:
23.7
The principal agent shall, within twenty (20) working days ofr
refuse the working days claimed, and: }
23.7.1
Determine the revised date for practical completion as a ref'·
applicable ·
23.7.2
Identify each event and the reference clause for each revision g: .
23.7.3
Give reasons where such claim is refused or reduced
23.8
Where the principal agent fails to act within the period [23.7] such claim�
contractor may give notice of a disagreement [30.1 J where the p
c\ alternatively reduces a claim, or fails to act ·
24.0
PENAL TY FOR LATE OR N O N - C O M P L E T I O N
24.1
Where the contractor fails to bring the works or a section thereof [CD] to pra
for practical completion [CD], or the revised date for practical completion/
to the employer for the penalty [CD]
24.2
Where the employer elects to levy such penalty, on notice thereof to the contra·
shall determine the amount due from the later of the date for practical completion·f
for practical completion up to and including the earlier of: ,,·-:;;,/�
. ;\ .
, , '{-ff;,�,:
24.2.1
The actual or deemed date of practical completion of the works [23.7. 1 ] o r a �'-ftl�ri thereof
. - ';·�-:::-gr;��--- -
24.2.2
The date of termination [29.0] "· :;,i:.:.
·":},.....
.
24.3
The principal agent shall include penalty amounts [24.2] in regular recovery statements and interim
payment certificates from the date on which the employer's entitlement to penalties commences
PAYMENT
(j
25.0 PAYMENT
25.1
The contractor shall cooperate with and assist the principal agent in the preparation of cash flow
statements and payment valuations by providing all required documents and quantified amounts of work duly
executed. Where the contractor has not provided such information the principal agent shall make a fair
estimate of the work executed
25.2
The principal agent shall regularly by the due date [CD] issue payment certificates to the contractor until
and including the issue of the final payment certificate. A payment certificate may be for a nil or negative
amount. The principal agent shall provide a copy of each payment certificate to the employer
25.3
Each payment certificate shall separately include:
25.3.1
A fair estimate of the value of work executed
25.3.2
A fair estimate of the value of materials and goods [CD]
25.3.3 Security adjustment [ 1 1 . 1 . 3 ]
25.3.4
Contract price adjustments, if applicable [CD]
25.3.5 The gross amount certified

Page 23 of 32 Pages
25.3.6 The value previously certified
25.3.7 Amounts due to either party in the recovery statement (27 . 1 ] . excluding interest and other non
taxable amounts
25.3.8 Tax
25.3.9 Interest amounts included in the recovery statement
25.3.10 Other non-taxable amounts
25.3.11 The net amount certified due to the contractor or the employer
25.4 The p r i n c i p a l agent shall concurrently with each payment certificate issue:
25.4.1 To the employer and the contractor a recovery statement showing the amounts due to either party
in the current payment certificate
25.4.2 To the contractor a statement showing the amount certified for each subcontractor
25.4.3 To each subcontractor a n/s subcontract payment notification showing the amount included in the
payment certificate and its date of issue
(�)
25.4.4 The determination of default interest at six percentage points (6%) per annum above the ruling rate of
interest where payment has not been received within the stipulated period (25.7 or 2 5 . 8 ] . as the case
may be, compounded monthly from the due date for payment until the date of payment
25.4.5 The determination of compensatory interest at the ruling rate of interest on amounts certified after
thirty-one c a l e n d a r days of the date of practical completion, compounded monthly until the date of
payment [25.7]
25.5 An interim payment certificate shall not be evidence that the works and materials and goods are in terms
of the contract documents
25.6 The principal agent shall certify one hundred per cent ( 1 0 0 % ) of the amount of the final account including
adjustments (26.0; 27.0) in the final payment certificate
25.7 The employer shall pay the contractor the amount certified in an issued payment certificate within
fourteen ( 1 4 ) calendar days of the date for issue of the payment certificate [CD] including default and/or
compensatory interest
25.8 The contractor shall pay the employer the amount certified in an issued payment certificate within twenty
one ( 2 1 ) c a l e n d a r days of the date of issue of the payment certificate [CD] including default interest
0 25.9 Materials and goods supplied and certified shall become the property of the employer on payment thereof
25.10 Where a JBCC® Guarantee for Construction (fixed) and payment reduction ( 1 1 . 1 . 3 ] has been chosen the
value of the works (26.0) and materials and goods (25.3.2] that exceeds the contract sum and any
contract price adjustments [CD] shall be certified in full. The value certified that does not exceed the
contract sum shall be subject to the following percentage adjustments:
25.10.1 Ninety-five per cent (95%) of such value in interim payment certificates issued up to the date of
practical completion
25.10.2 Ninety-seven and one half per cent ( 9 7 . 5 % ) of such value in interim payment certificates issued up
: f
?..·.
to but excluding the final payment certificate
One hundred per cent ( 1 0 0 % ) of such value in the final payment certificate ( 2 6 . 1 0 ]
The contractor shall pay all subcontractors within seven (7) calendar days of the due date for payment by
the employer [CD) and on request provide proof thereof to the principal agent within seven (7) calendar
days of a request to do so
Where the employer has made a partial or no payment of the amount due in an issued payment certificate
by the due date or where the principal agent fails to issue a payment certificate, the contractor may give
. five (5) working days notice to comply, failing which the contractor may:
�\��-".�uspl:!n� the works [28.0]

? ..: , . .
-�: :£r:��- ·.__. -:
, -. -� :· ·:
·
· • ��e1:<JE!G�® Principal Building Agreement, Edition 6.1 - March 2014

·:..1':··�t:>: . ::
25.12.2 Exercise the lien, where this has not been waived
25.12.3 Call up the JBCC® Guarantee for Payment [ 1 1 . 4 ]
25.13 The p r i n c i p a l agent shall issue the final payment certificate tO�
seven (7) calendar days of acceptance of the final account by �h�
the certificate of final completion, other than on termination [29.0.), 0
.,. . :.:... ii
1
25.14 Where the contractor disputes the correctness of the final adJ�t
p r i n c i p a l agent shall issue a(n) interim payment certificate(s) to/ .l
due date [CD] for the undisputed amount(s) ·
25.15 For the purposes of provisional sentence in relation to a payme�/�k
the jurisdiction of any court of law of the country [CD] ·
26.0 A D J U S T M E N T OF T H E CONTRACT VALUE A N D F?

26.1 The principal agent shall determine the value of adjustments to the coi,
contractor in the preparation of the final account. Where such adiustrrf
the contractor shall have the right to be present .' .?{';
Adjustments to the contract value resulting from a contract instruction for

(l 26.2
determined as follows: -: ·,;-;;
26.2.1 Work of a similar character executed under similar conditions shall bet�
document ·
. ,.
26.2.2 Work not of a similar character shall be priced at rates based on-tliosef
adjusted to suit the changed circumstances ·
26.2.3 If the above methods do not apply, work shall be priced at rates b a s e d : : ·
executing the work plus an allowance of ten per cent ( 1 0 % ) mark-up' ?·t:
26.2.4 Work omitted shall be valued at the rates in the priced document; ou .
work alters the circumstances in which the remaining work is carried· 3�£;:.
work shall be determined by the method [26.2.2] · ·
26.3 Where work is identified as provisional in the priced document the principal ,:/
from the contract value and add the value of work as executed to the contracrval
26.4 Where the contractor has made payment for items not included in the pric�(
contract instruction, or otherwise with the approval of the principal agen( the�ii'"
ten per cent ( 1 0 % ) mark-up shall be added to the contract value limited to:
u 26.4.1 Charges by aut.horities [ 2 . 1 ]

·,:_"':�!;�
+.
'
··�:
26.4.2 The cost of opening up and testing [ 1 7 . 1 . 6 ] , where the work is according to the"'�"B
: �
:1!f5}
26.4.3 The cost of insurance [ 1 0 . 0 ] . where applicable [CD] . _ ·?'(:
.<.�i:;:��ri1��
�
26.5 The contractor shall give notice to the principal agent within twenty (20) workihtfday$�pf becoming
aware, or ought reasonably to have become aware of expense and/or loss for whiof(iprqy1�_bD� was not
required in the contract s u m failing which such claim shall be forfeited __ ,,; ,�ii}-i£{ti��-/-
• <- ·:-· _.!�.",!::::...·:".f:f f'�j7' .
26.6 Following notice [26.5], the contractor shall submit a detailed and substantiated claim for_t�e-adjustrnent of
the contract value to the principal agent within forty (40) working days, or such additional period as the
principal agent may allow '
26.7 The principal agent shall make a fair assessment of the claim [26.6] and adjust the contract' ;alue within
twenty (20) working days of receipt of such details ·
26.8 Where the principal agent fails to act within such period [26.7] the claim shall be deemed to be refused. The
contractor may give notice of a disagreement [ 3 0 . 1 ] where no assessment is received
26.9 The principal agent shall :
26.9.1 O mit prime cost amoun ts and budgeta ry allowance s [17.1.12] from the contract sum and
determine the actual value of such work to be added to the contract va l ue

Page 25 of 32 Pages
26.9.2 Omit provisional sums [ 1 7 . 1 . 1 2 ] from the contract sum and determine the actual value of such
subcontractors' work to be added to the contract value
26.9.3 Prorate the contractor's allowances for profit and attendance on provisional sums and prime cost
amounts excluding any allowance for contract price adjustments
26.9.4 Adjust the preliminaries amounts in accordance with the method selected [CD]
26.9.5 Adjust the contract value according to the contract price adjustment method, if applicable [CD]
26.9.6 Rectify discrepancies, errors in description or quantity, or omission of items in the contract
documents other than in this agreement [ 1 7 . 1 . 1 ]
26.10 The principal agent shall prepare and issue the final account to the contractor within ninety (90) calendar
days of the date of practical completion
26.11 The contractor shall accept the final account within forty five (45) c a l e n d a r days of receipt thereof failing
which the final account shall be issued
26.12 S h o u l d the contractor give notice objecting to the correctness of the final account within the period [ 2 6 . 1 1 ]
and such objection not be resolved within ten (10) working days, or such an extended period as the
principal agent may allow on request from the contractor, the contractor may give notice of a
t{ disagreement
27 . 0 RECOVERY OF EXPENSE AND/OR LOSS
27.1 The p r i n c i p a l agent shall issue a recovery statement with each payment certificate to the parties with
explanatory documentation to support the calculation of amounts due to:
The employer:
27.1.1 Penalties [24.2]
27.1.2 Default interest [25.4.4]
27.1.3 Expense and/or loss [27.2]
The contractor:
27.1.4 Compensatory interest [25.4.5]
27.1.5 Default interest [25.4.4]
.(,J
27.1.6 Damages
27.1.7 Advance payments [ 1 2 . 1 . 9 ]
27.1.8 Termination of a nominated n/s subcontract agreement [ 1 4 . 7 . 2 ]
27.2 The employer may recover expense and/or loss incurred or to be incurred resulting from:
27.2.1 Paying charges [2.1]
27.2.2 Effecting insurance due to the contractor's default [ 1 0 . 0 ]
�
27.2.3 Work executed by others due to the contractor's default [ 1 7 . 3 ]
27.2.4 Recoupment of advance payments [ 1 1 . 2 ]
27.2.5 The contractor not paying the amount due to the employer [25.3.7]
27.2.6 Termination of this agreement [29.0]
27.2.7 Amounts paid directly to subcontractors on default by the contractor [ 1 4 . 5 ; 1 5 . 5 ]
27.2.8 Termination of a nominated n/s subcontract agreement [ 1 4 . 7 . 3 ]

Page 26 of 32 Pages
27.2.9 Default by the contractor where not less than five (5) working days notice detailing such default
has been .given before the issue of the next recovery statement to ii"llow the contractor the
opportunity to remedy such default
27.2. 1 0 Adjustment of the n/s subcontract preliminaries due to the subcontractor as a result of a default by
the contractor
27.3 Where an amount is due to either party and has not been p a i d , the other party may recover the amount from
any of the following:
27.3. 1 Subsequent p a y m e n t certificates [25.0]
27.3.2 A demand in terms of the security [ 1 1 . 0 ]
27.3.3 The defaulting party as a debt
27.4 Where either party h a s been l i q u i d a t e d , or this agreement terminated, the other party may exercise rights
in terms of the security [ 1 1 . 0 ]
Ci SUSPENSION AND TERM/NATION

•
28.0 S U S P E N S I O N B Y T H E CONTRACTOR
28. 1 The contractor may give five (5) w orkin g d ays not i ce to the e m p l oyer and the p r i nci p a l a g e n t of the
i ntention to sus p end the works where the emp l oyer or the p rinci p a l a g ent has failed to:
28.1. 1 P rovide and/or maintain a J B C C ® G uarantee for P a y ment, where specified [ 1 1 . 4 )
28.1.2 I ssue a p a yment certi f i c ate by the due date [25.2] [ C D]
28.1.3 Make payment in full of an amount ce rt i fi ed in an interim p ayment certi fi cate by the due date [2 5 . 7 ]
[ CD ]
28.1.4 Effect insuran c es [ 1 0 . 1 . 1 - 4 ] , where ap plic a ble [ C D]
28.1.5 A p point another princi p a l a g ent or other agent , where app l i cable [6 .5]
28.2 W here the e m p l oyer has not remedied a defect in terms of a notice [ 2 8 . 1 ] the c o ntr a ctor may su s p e n d
e x ecution of the works unti l such default has been remedied without p re j ud i ce to any rights the contractor
may have -
CJ
28.3 The contract o r sh a ll i nstruct each subc on tractor to sus p end the n/s subcontract works forthwith where the
w orks is sus p ended by the contractor
28.4 Where the works has been sus p ended ( 28.2] the principa l a g ent shall revise the date for p ractica l
co mple tion on r esum p tion of the works ( 2 3 . 2 . 1 3 ]
29.0 TERMINATION
Termination by the e m p l o y e r
29.1 The e m p l o y e r may give notice of intention to terminate this a g reement w here the contr a c t or has fai l ed to:
29.1.1 P ro v ide a JBCC® G uar a ntee for C onstruction [CD ] w ithin fi ft een (15) w orkin g days [ 1 1 . 1 ; 12.2.3]
of the date of acce p tance of the contractor's offer
29.1.2 P roceed with the w orks ( 1 2 . 2 . 1 7 ] w ithin the p eriod stated [CD]
29.1.3 C omply timeously with a contract instruction [ 1 7 . 0 ]
29.2 Where the e m p l o y er contemp la tes terminating this a g reement (29.1], the p r i n c i p a l a ge nt sh a ll give notice
to the contractor of a s p e c ified defau l t (29.1.1-3], to be remedied within ten (10) w or k in g day s of the date
of receipt of such notice
©Copyright reserved: J B C C ® Principal Building Agreement, Edition 6 . 1 - lvlarch 2 0 1 4

Page 27 of 32 Pages
29.3 Where the contractor has not remedied a specified default within such period [29.2} the employer m�y,� ·.
notice to the contractor of termination of this agreement forthwith
29.4 The employer may employ others to safeguard the works, complete the outstanding work and rectify
defects in that portion of the works executed by the contractor [ 2 7 . 2 . 3 ] . The contractor shall be liable to
the employer for such costs that s h a l l be included in the final account [26.1 OJ
29.5 The e m p l o y e r may use materials and goods and temporary structures on the site for which payment shall
be included in the final account
29.6 Should the contractor default on removing temporary structures or construction e q u i p m e n t from the site
the employer, without being responsible for a n y loss or damage , may have such items removed or sold.
Resulting costs and/or income s h a l l be included in the final account
29.7 The employer, on notice to the contractor, may recover damages from the contractor from the date of
termination including, but not limited to, additional costs incurred in the completion of the r e m a i n i n g work
[25.3.7, 2 7 . 1 ]
29.8 The e m p l o y e r may apply the penalty [ 2 4 . 1 ] up to the date of termination where the initial or revised date for
practical completion has passed
29.9 The employer has the right of recovery against the contractor, where appl i cable , [ CD] from the :
0 J B C C ® G uarantee for C onstruction ( variable ) - until the fi na l payment has been made ; or
J B C C ® G uarantee for C ons t r u c tio n ( fi x ed ) - until the date of practical comple t ion or from the
payment reduction unti l the fi nal payment is made
J B C C ® G uaranteefor Adv ance Pa y ment - u ntil the outstanding balance has been repaid to the
employer ;
Th e rea ft er the o r i g i n a l securi ty form ( s ) shall be returned to the contracto r within ten ( 1 0 ) wor k ing days
29.10 The latent defects liabili ty period for the completed po rt ion of the works, shall end [ 2 2 . 2 . 1 ] five (5) years from
the date of termination
29.11 Where this ag r eemen t is terminated, the contractor shall forthwith g ive notice of termination of the n/s
s u b contract agreement to each subc o ntractor
29.12 Termination of the works s h a l l not pre j udice any rights the employer may have
29.13 The ri g ht to terminate may not be exercised where the employer is in material breach of this ag r eement
T e r m i n a t i o n by the contractor
29.14 The c ontractor may give n o tice of intention to terminate this a g reement where the employer has f ailed to:
l)
29.14.1 Provide a JBCC® G uarantee for P a y ment [ 1 1 . 4 ] , within fift een ( 1 5 ) working days of accepta n ce of
the contractor ' s offer, where applicable [ CD]
29.14.2 G ive possession of the site to the contractor [ 12.1.6]
29.14.3 A llow the principal agent and / or a g ents to exercise f air j udgement as contemp l ated in this
agreement [ 6 . 6 ]
29.14.4 Effect insurances [ 1 0 . 1 . 1 - 4 ] , where appli ca ble [ CD]
29.14.5 Pay the amou n t certified (25. 7] by the due date [CD]
29.14.6 A ppoint another principal agent , an d /or a g ents, where applicable [6. 5 ]
29.14.7 Or where the p r i n c i p a l agent has failed to issue a payment cert ificate to the c o ntractor by the d ue
date [CD]
29.15 W here the contractor contemplates terminating this a g reement [ 2 9 . 1 4 ] , the contractor s h a l l give notice to
the e m p l o y e r a nd/or the principal agent of a specified default [ 2 9 . 1 4 . 1 - 7 ] , to be remedied within ten (10)
w orkin g days of the -d ate of receipt of such notice
29.16 Wh ere the employer has not re m e di e d a s p e c ified default within such period [29.15] the contractor may
giv e notice to the employer and the principal agent _of th�termination of this a g r e ement forthwith

Page 28 of 32 Pages
29.17 Where this agreement is terminated:
29.17.1 The contractor shall forthwith give notice of termination of the n/s subcontract agreement to each
,
subcontractor
.
,
:\
29.17.2 The contractor shall remove temporary structures, construction equipment and, on notice, surplus
materials and goods from the site within ten ( 1 0 ) working days, or such period agreed by the
p r i n c i p a l agent
29.17.3 The latent defects liability period for the completed portion of the works shall end (22.2.2)
29.17.4 The contractor may be entitled to damages
29.17.5 The JBCC® Guarantee for Construction ( 1 1 . 1 . 1 ] , where applicable [CD], shall expire on the date of
termination; the JBCC® Guarantee for Advance Payment (11.1.4], where applicable (CD], shall
expire on repayment of amounts due to the employer. The original security form(s) shall be returned
to the contractor within ten ( 1 0 ) working days
29.17.6 The J B C C ® Guarantee for Payment ( 1 1 . 4 . 1 J where applicable [CD], shall expire on payment of the
final payment certificate or on payment in full of the guaranteed sum, or on the security expiry
date, whichever is the earlier. The original security form shall be returned to the employer within ten
( 1 0 ) working days of receipt of the final payment
29.18 Termination of the works shall not prejudice any rights the contractor may have
29.19 The right to terminate may not be exercised where the contractor is in material breach of this agreement
Termination by either party
29.20 Either party may terminate this agreement where:
29.20.1 The works is for alterations and/or additions to (an) existing building(s), or a new building, which has
been substantially destroyed regardless of the cause other than by the party seeking termination
29.20.2 Progress on the works has ceased for a continuous period of ninety (90) calendar days, or an
intermittent period totalling one hundred and twenty (120) calendar days as a result of a force
majeure event or the exercise of statutory power by a body of state or public or local authority that
directly affects the execution of the works
29.21 The party contemplating termination of this agreement shall give ten ( 1 0 ) working days notice to the other
party
29.22 Neither party shall be liable to the other party for expense and/or loss resulting from the termination
u 29.23 The latent defects liability period for the works shall end on the date of termination (22.2.2]
7�.
29.24 The JBCC® Guarantee for Payment ( 1 1 . 4 . 1 ], where applicable [CD], shall expire on payment of the final
payment certificate or on payment in full of the guaranteed sum, or on the security expiry date, whichever
is the earlier. The o r i g i n a l security form shall be returned to the employer within ten ( 1 0 ) working days of
receipt of the final payment
29.25 The JBCC® Guarantee for Construction (11.1.1], where applicable [CD], shall expire on the date of
termination. The original security form shall be returned to the contractor within ten (10) working days
(29.9]
Termination procedure by the employer, the contractor, or by the parties
On termination of this agreement:
29.26 The contractor s h a l l :
29.26.1 Cease work and ensure that the works is safe in terms of the law
29.26.2 Remain responsible for the works ( 8 . 1 J until possession is relinquished to the employer
29.27 Termination shall take effect after completion of the procedure (29.26] and such date recorded by the
p r i n c i p a l agent

Page 29 of 32 Pages
The employer shall arrange appropriate insurance cover to suit the stage of completion of the works
The principal agent, in consultation with the contractor where possible, s h a l l within twenty (20) working
days of the date of termination compile and issue to the parties a status report of the works including
marked up drawings and photographs recording completed and incomplete work on the date of termination
of the works
29.30 The p r i n c i p a l agent shall continue to certify the value of the work executed and materials and goods for
payment by the employer, or the contractor, as the case may be, until the issue of the final payment
certificate [25.6]
29.31 The principal agent shall commence and complete the final account [ 2 6 . 1 0 ] within ninety (90) calendar
days of the date of termination including the cost of materials and goods and those ordered before
termination that the contractor is bound to accept and make payment
29.32 This clause [29.0] s h a l l , to the extent necessary to fulfil its purpose, exist independently of this agreement
[3.2]
DISPUTE RESOLUTION
30.0 DISPUTE RESOLUTION
Settlement by the parties
30.1 Should any disagreement arise between the employer (or the principal agent or an agent) and the
contractor arising out of or concerning the action or inaction of the employer (or principal agent or an
agent) or the contractor, or any other matter concerning this agreement (including the validity thereof), either
party may give notice of a disagreement to the other. The parties shall attempt to resolve such disagreement
between them and record such resolution in writing signed by them
30.2 Where the disagreement is not resolved within ten (10) working days of receipt of the notice of
disagreement, the disagreement shall be deemed to be a dispute
30.3 The dispute shall be referred to adjudication within ten ( 1 0 ) working days of the expiry of the period [30.2) by
means of a notice of adjudication by the party (the referring party) which gave the notice of disagreement
30.4 The notice of adjudication shall clearly define the scope of the dispute and the relief sought by adjudication
30.5 Failure to comply with the procedure described [30.3-4] shall cause the dispute to be resolved by arbitration
and not by adjudication
O Adjudication
30.6 Where a dispute is referred to adjudication:
30.6.1 The adjudicator shall be appointed in accordance with JBCC® Rules for Adjudication current at the
time when the dispute was declared and the adjudication shall be conducted in terms of such rules
30.6.2 The adjudicator shall not be e l i g i b l e for subsequent appointment as the arbitrator
30.6.3 A determination given by the adjudicator shall be immediately binding upon, and implemented by the
parties
30.6.4 Where the adjudicator has given a determination, either party may give notice of dissatisfaction to the
other party and to the adjudicator within ten ( 1 0 ) working days of receipt of the determination, or an
extended time period provided in the JBCC® Rules for Adjudication, wherein such dispute is referred
to arbitration
30.6.5 Where the adjudicator has not given a determination within the time period allowed or extended time
period provided in the JBCC® Rules for Adjudication, either party may give notice to the
other party and to the adjudicator that if such determination is not received within ten ( 1 0 ) working
days of receipt of this notice his appointment is thereupon automatically terminated and such dispute
is then referred to further adjudication or arbitration, at the option of the claimant
· •· -�Sgpyrig�t reserved: JBCC® Principal Building Agreement, Edition 6 . 1 - March 2 0 1 4
.��-:::t1.'.'4':� ...,;,.-·-. �
Page 30 of 32 Pages
Arbitration
30.7 Where the dispute is referred to arbitration:
30.7.1 The arbitration shall not be construed as a review or appeal from a n y adjudicator's determination and
that any such determination by the adjudicator s h a l l remain in force and continue to be implemented
until overturned by an arbitration award
30.7.2 The resolution of the dispute shall commence anew
30.7.3 The referring party in the adjudication shall be the claimant in the arbitration; and
30.7.4 The arbitrator shall be appointed by agreement between the parties [CD], within fifteen ( 1 5 ) working
days of notice by either party inviting the other to do so - failing w h ic h , on application by either
party:
(a) By the body stated in the [CD] failing w h i c h :
(b) By the Chairman for the time being of the Association of Arbitrators (Southern Africa)
30.7.5 The applicable rules s h a l l be by agreement between the parties and the arbitrator, failing which, s h a l l
be determined by the arbitrator
30.7.6 The arbitrator s h a l l have the power to finally determine the dispute including the power to make, open
up and revise any certification, opinion, decision, determination, requisition, or notice relating to the
•
dispute as if no such certificate, o p i n i o n , decision, determination, requisition, or notice had been
issued or given
Mediation
30.8 Notwithstanding the provisions relating to adjudication and arbitration [30.3-7], the parties may, by agreement
and at a n y time, refer a dispute to m e d i a t i o n , in which event:
30.8.1 The provisions relating to adjudication and/or arbitration shall be deemed to be suspended from the
time of such agreement until notice by either party that they be resumed
30.8.2 The appointment of a mediator, the procedure, and the status of the outcome shall be agreed
between the parties
General
30.9 The parties shall continue to perform their obligations in terms of this agreement, notwithstanding that a
disagree_ment or a dispute exists between them
30.10 This clause [30.0] shall, to the extent necessary to fulfil its purpose, exist independently of this agreement
[3.2]
©Copyright reserved: JBCC® Principal Building Agreement. Edition 6 . 1 - March 2 0 1 4

·--------- ,
, _
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)
C ,
·©Copyright r e s e rv e d : JBCC® Principal Building Agreement, Edition 6. 1 - March 2 0 1 4

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Page 32 of 32 Pages
AGREEMENT
This agreement, the completed contract data and the listed documents [CD] comprise the entire contract between the
parties. Any provision in this agreement that may confer a right or benefit on a subcontractor shall be b i n d i n g on the
parties and be capable of acceptance by such subcontractor at any time. 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 contracting parties
The parties Employer Contractor
Business name
Business type
Business registration
Tax number (VAT/GST)

I I
Contact person
ID Number
Address: Building name
Address: Street
Address: Suburb
Address: City
Address: P O Box
Address: Post Office
Address: Province
Address: Country
E-mail
Telephone
Mobile phone
/ )
.\_J
Fax
!
�-
Project name
Project location
Currency
Accepted contract
sum including tax
Accepted contract
sum in words
Signed - who by
signature hereto
warrants authority
Signed: Date
Signed: Location
Signed: Witness
Name of witness

I
I I 1-
,;'' /
C> PRINCIPAL B U I L D I N G AGREEMENT: C O N T R A C T DATA )
Project
Employer
Contractor
Contract Date
,.
File Code
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CJ
CONTRACT DATA
used in conjunction with the
JBCC® Principal B u i l d i n g Agreement
Edition 6 . 1 - p u b l i s h e d March 2 0 1 4
Preface
J B C C ® Constituents
The Joint Building Contracts Committee® NPC (JBCC®) is representative of building owners and developers, professional
consultants and general and specialist contractors who contribute their knowledge and experiences to the compilation of
JBCC® documents. JBCC® documents portray the consensus view of the constituent members and are published in the
interests of standardisation and good practice with an equitable distribution of contractual risk. The constituents are:
Association of Construction Project Managers
Association of South African Quantity Surveyors
Consulting Engineers South Africa
Master Builders South Africa
South African Black Technical and Allied Careers Organisation
South African Institute of Architects
South African Property Owners Association
Specialist Engineering Contractors Committee
Application of JBCC® Contract Documents
The definitions contained in the JBCC® Principal Building Agreement apply to this document. A word or phrase in bold type
in the text shall bear the meaning assigned to it in the definitions of such Agreement. Where a word or phrase is not in bold
type it shall bear the meaning consistent with the context of its use
This contract. data contains unique requirements applicable to the project and variables referred to in the JBCC® Principal
B u i l d i n g Agreement. The information provided in this document by the principal agent is complete and accurate at the time of
calling for tenders. Where additional information becomes available, all tenderers will be informed in writing. Reference to
clause numbers in the JBCC® Principal Building Agreement are shown in [square brackets] in this contract data eg [ 3 . 2 . 1 ] .
Spaces requiring information must be filled in, or marked as 'not applicable' but not left blank. This contract data, when
completed and submitted by the contractor, becomes the form of tender. Where the contractor is appointed, the contract
documents comprise the signed JBCC® Principal Building Agreement, this completed contract data, the priced document,
drawings and other listed documents
Warning
The JBCC® Principal Building Agreement, the JBCC® Nominated I Selected Subcontract Agreement and respective
Contract Data Edition 6.1 have been coordinated with JBCC® Certificates and other support documents. Forms from
previous editions are not compatible with Edition 6 . 1
© Copyright Reserved
The name 'Joint Building Contracts Committee®', the abbreviation JBCC®, the product eJBCC® and the JBCC logo are
registered trademarks. The Joint Building Contracts Committee® claims authorship of this work in terms of the Copyright Act
No 98 of 1978 as amended. All rights are reserved. No part of this publication may be reproduced, stored in any retrieval
system, or transmitted, in any form or by any means, without the prior written permission of the Joint Building Contracts
Committee® NPC. Unauthorised reproduction of the work is an infringement of the copyright and judicial proceedings can
and will be instituted to obtain relief and the recovery of damages
Copyright reserved JBCC® Principal Building Agre.ement Edition 6 . 1 March 2014 CONTRACT DATA
Page 2
/
A T E N D E R INFORMATION
A1 Project name
A 2 Works description
A 3 Site description
Erf No /Township
Local authority
0 Street address
A4 Employer
Name
Business-eg: public company
Business registration number VAT/GST
Contact person Mobile
E-mail
Registered street address
0
Postal address
Telephone Fax I
Godel
,,
I
.,
.,.
AS Principal agent
Name
Practice registration number VAT/GST
E-mail
Postal address Godel
Telephone Fax
Copyright reserved JBCC® Principal Building Agreement Edition 6.1 March 2 0 1 4 CONTRACT DATA
. --- ----··-------------
Page 3
!/
,
A 6 Agent
Name
E-mail
Postal address Code!
Telephone Fax
A ? Agent
Name

'--��--'
�) Contact person Mobile
E-mail
Telephone Fax
A 8 Agent
Name
E-mail
Telephone Fax
A 9 Agent
Name
E-mail
Postal address Code
Telephone Fax
'--��--'
Copyright reserved JBCC® Principal Building Agreement Edition 6 . 1 March 2 0 1 4 CONTRACT DATA
--·----------
Page4
A 10 Agent
Name
E-mail
Postal address Codej
Telephone Fax
A 11 Agent
Name
0
Contact person Mobile I
-)
E-mail
Postal address Code I
Telephone Fax
A 12 Agent
Name
E-mail

�
�
Postal address Code I
Telephone Fax
A 1 3 Agent
Name
E-mail
Postal address Code
Telephone Fax
Pages
B CONTRACT DATA
Clause references apply to the JBCC® Principal Building Agreement Edition 6 . 1 (PBA) published March 2 0 1 4
Only clauses in the PBA requiring the provision of information [CD] are quoted below
2.0 Law, regulations and notices
2 . 1 /25 . 1 5 Law of the country applicable to the project
5.0 Contract d o c u m e n t s
5.1 Signed contract documents held by the principal agent, or
5.5 Number of copies of documents issued free to the contractor copies
Priced document
Lump sum priced document, or yes I no?
Priced bills of quantities (BoQ) yes I no?
System/method of measurement
Contract documents comprising . . .
Description Marked ? Notes
JBCC® Principal B u i l d i n g Agreement Ed 6 . 1 - March 2 0 1 4 A
JBCC® PBA Contract Data Ed 6 . 1 - March 2 0 1 4 8
NOTE: If insufficient space, please see annexure:-
Contract drawings - description Date Marked Number Revision
Copyright reserved JBCC® Principal Building Agreement Edition 6 . 1 March 2014 CONTRACT DATA
?i
,. . .
��:.. .
Page 6
6.0 Employer's agents
6.3
Description of interests of agents in the project
other than professional services, if applicable
10.0 Insurances
By the employer in the joint names of the parties, yes/no ? Obligation Currency Insured amount
Contract Warks Insurance (CWI) (including materials and goods, temporary works) contract sum
Allowance for professional fees and escalation of the insured value at 25% pa, or ? % %
Free issu e material at new replacement value, added to CWI, where applicable
Employer owned surrounding property (care.custody, control or worked on)
Public Lia bility Insurance (each and every claim OR unlimited I value ?)
I
Suppleme ntary Insurance (incl CWI extensions) per C W / ·
Removal of Lateral Support Insurance employer
Other: I I
Policy deductibles Currency Amount
- Works I free issue contractor
-----------�
- Employer owned surrounding properties contractor
1-----i------�
- Public Liability contractor

1-----i------�
- Supplementary Insurance contractor

1-----i------�
- Removal of Lateral Support contractor

1-----i------�
- Other: contractor
or . . .
By the contractor in the joint names of the parties, yes/no ? Currency Insured amount
Contract Works Insurance (CWI) (including materials and goods, temporary works) contract sum
Allowance for professional fees and escalation of the insured value at 25% pa, or ? % %
Free issue material at new replacement value
Public Liability Insurance (each and every claim OR unlimited for the period)
Supplementary Insurance (incl CWI extensions) per CW/
Policy deductibles
...------------------------,
Other:
.0
11.0 Security
11.1.1-5 The contractor shall provide a Guarantee for Construction to the e m p l o y e r > D 1 1 . 2 - 3 ! y
...._e_s
_ l
_ n
_ o_?___,
.______,
12.0 Duties of the parties = e m p l o y e r = site
9.2.7
Alterations & additions to existing premises?
12.1.2 Premises occupied - yes/no? identify area?
Relevant natural features to be retained I

12.1.3
relocated I removed
- ------- -�----------------------------------
Page 7
12. 1.4 Areas the contractor may not occupy?
12.1.5 Utilities connections - location
Statutory and/or other notices to be

12.1.6
complied with by the contractor before
possession of site can be given
Due date I yyyymmdd
12.1.7 Possesion of the site - intended date
12.1.12 Description of free issue by employer
(Attach separate page for multiple items)

� I I
14.0 N o m i n a t e d subcontractors
14.1.4 Specialisation:
16.0 Direct contractors
Employer to define extent of work by a direct contractor [ 1 2 . 1 . 2 ]
16.1 Specialisation:
19/20/24 Practical c o m p l e t i o n I penalty for late completion
Inspection Date for practical

Penalty Penalty amount
= working completion
Currency per calendar day
days yyyymmdd
1 $.0 - �iiictical completion of the works as a whole
· · · · " · - - · · " O R . . .only one option can a p p l y !
1°9i20/24--Practical completion of the works in sections: 1
f972bi24 Practical completion of the works in sections: 2
19/20i24 - Practical completion of the works in sections: 3
19/20/24 Practical completion of the works in sections: 4
- 19/20/24 Practical completion of the works in sections: 5
Copyright reserved JBCC® Principal Building Agreement Edition 6. 1 March 2 0 1 4 CONTRACT DATA
-�--·--·····-------------------------
Page B
19.0 Practical completion
19.1.1 Items that do !lQ! have to be complete to achieve practical completion
19.1.1 Criteria to achieve practical completion (the BoQ may contain a more detailed description)
0 ��
1 '
25.0 Payment
25.0 Currency:
25.2 Issue of regular payment certificates on date@month l o r . . . day of week
25.3.2 Materials and goods off site - paid subject to . . . Guarantee for Advance Payment provided ?
25.3.4/26.9.5 Contract price adjustment provisions Method?
30.0 Dispute resolution
30.6.1 Alternative Dispute Resolution nominating body
Page 9
/ �,
C h a n g e s made to JBCC® d o c u m e n t a t i o n
Note: The amendments contained herein or in the single referenced Annexure constitute the only
amendments to the standard �BCC Agreement that will apply. No other amendments shall be of any
force or effect."
NOTE: If insufficient space, please see annexure:-1
C TENDER CLOSING
.oTender closing: date Tender closing: time'---�
Tender closing: place
S U B M I S S I O N ADDRESS
Delivered in electronic format? y

! _e_s_l_
.... n
o_?
__._ ! E - m a i l address
Alternate offer considered ? Y

! _e_s_/_
.... n
o_?
__._ !only if original tender submitted jyes I no?
D TENDERER'S SELECTION (to be completed by the tenderer)
11.0 Securities Obligation
11.1.2 Guarantee for Construction (variable) If specified, contractor's choice yes/no?
11.1.3 or Guarantee for Construction (fixed) If specified, contractor's choice yes/no?
11.1.4 Guarantee for Advance Payment Provided by the contractor yes/no?

90
(where the contractor requests the employer to pay an advance for materials and goods)
Purpose jcurrency j ! Amount j
11.4 Guarantee for Payment Provided by the employer yes/no ? I
I Currency I I Amount
19.0 Contractor's h o l i d a y periods d u r i n g the construction period ?
Contractor's annual holiday period - year 1 from . until

1------------i
Contractor's 'other' h o l i d a y period - year 1 from . until

1------------i

1------------i
Contractor's 'other' holiday period - year 2 from . until

1------------i

1------------i
Contractor's 'other' holiday period - year 3 from . until
Page 10
26.0 Payment I Adjustment of P r e l i m i n a r i e s
Payment of preliminaries
Assessed by principal agent, an amount pro rated to the value of the works executed in the
O ption A
same ratio as the preliminaries to the contract s u m , (including tax); shall exclude the amount
of preliminaries, all contingency sum(s) and any allowance for CPAP
Or . . . O r ...
Option B An amount agreed by the principal agent and the contractor in terms of the Bills of
Quantities or the priced document to identify an initial establishment charge I a monthly
charge I and a final disestablishment charge
Where the contractor does not indicate option 'A' or option 'B' - option 'A' shall apply
Adjustment of preliminaries [26.9.4]
Option A For the adjustment of preliminaries both the contract sum and the contract value (including
tax) shall exclude the amount of preliminaries, all contingency sum(s) and any provision for
Cost Price Adjustment Provisions:-
- An amount which shall not be varied
- A n amount varied in proportion to the contract value as compared to the contract sum
-An amount varied in proportion to the construction period as compared to the initial
construction period (excluding revisions to the construction period to which the contractor
is not entitled) to adjustment of the contract value in terms of the agreement

•
The contractor shall provide a brea k down of charges (incuding tax) within 1 5 w o rking d ays of
the date of acceptance of tender and , w here applicable , an app o rtio n ment of preliminarie s per
section
W here su c h information is not provided the following subdivision shal l be deemed to app l y :
- 1 0 % of the amount shall not be varied
- 15% varied in proportion of the contract value to the contract sum
- 75% varied in p roportion to the revised construction p eriod compared to the initial
construction p e riod
O r . . . O r ...
Option B
The contractor shall within 1 5 workin g days of the date of possesion of the site provide the
principal a gent with a detailed breakdown of preliminaries amounts for the works as a who l e ,
or per section where a p plicable, incl u ding administative and supervisor y staff char g es and for
the use of construction eq uipment in terms of the programm e .
/ \
\_.,-) W here the contractor does not indicate option 'A ' or option ' B ' - option 'A' shall appl y
Notes
By submission of this tende r to the emplo y er the tenderer offers and agrees to execute and complete the w orks
and remedy any d efects in conformity with the speci fi cation for the tender sum stated - to be paid in i nsta l ments
as work is complete d
2 The tender shall r e ma i n in full legal force for forty five (45 ) ca l endar days from the closing d ate of the ten der.
The tenderer accepts liabilt y for damages that may be suffered by the employer should the tender validity
period not be honoured
3 The lowest or any offer will not necessarily be accepted by the employer - nor need reasons be given for such a
decision
4 A n y provision in this agreement that may confer any benefit or right in favour of any su b contractor shall be
binding on the p a rt ies and be capable of acceptance by s u ch su b contractor at any t i me
5 A nnexures . . . marked
I � I
.·· ..... - · · - · - • ":'" ··�·!'1"
Page 11
TENDER SUM COMPILATION
Currency
Tenderer's work excluding tax j I amount
Tax . . . at percentage amount
Total T E N D E R S U M inclusive of tax amount
Tender sum in words
(print) T E N D E R E R Capacity who, by its SIGNATURE warrants authority thereto Date Location
WITNESS print n a m e Capacity SIGNATURE Date Location
T E N D E R E R ' S DETAILS
Name
Business-eg: public company
Business registration number VAT/GST
E-mail
Telephone Fax

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.

The J o i n t B u i l d i n g Contracts Committee® - N P C ·

Principal B u i l d i n g Agreement - Edition 6 . 1 - March 2 0 1 4

The constituents are:

Association of Construction Project Managers

Association of South African Quantity Surveyors

Consulting Engineers South Africa

Master Builders South Africa

South African Black Technical and Allied Careers Organisation

South African Institute of Architects

South African Property Owners Association

0 Specialist Engineering Contractors Committee

The Principal B u i l d i n g Agreement structure

separate JBCC® PBA Contract Data form

certificates for use in the administration of this agreement

to either, or both, patties

The JBCC® Documents

The JBCC® Web Page www.jbcc.co.za provides current information regarding:

Frequently Asked Questions (FAQ's)

: · . instituted to obtain relief and recovery of damages

Actions by the parties I principal agent within a given time

2_0 1-7 CD parties or principal agent notices deemed to be received by e-Mail/post

5_5 5WD employer appoint another agent/contractor may object

10.3 10WD party responsible proof/renewal of insurance - other party to accept

10.8 10WD notice - contractor no insurance = contractor suspend the works

1 1 _ 1 -4 15WD parties provide securities [CD)

11.1.5/4.2 20WD parties provide replacement security

1 1 _6 1 0 WD notice > employer no security , contractor notice to suspen d wo rks

1 1 . 7 1 0WD p arties return o ri ginal/replaceme n t security forms

12.2_2 1 5WD contractor submit p riced document

1 2 _ 2 . 3 contractor provide guarantee or construction/ advanc e payment

12_2_6 15WD contractor submit works pro g ra m me

0WD contractor start ork on site

14.4.2 1 5WD contractor > su b contractor submit security

1 4.5 5WD e mployer ( principal agent ) pay subcontractor on d efault b y contractor

14.6 5WD notice contractor + subcontractor termination of subcontractor

1 5 _ 2 2 15WD contractor > subcontractor submit security

1 5 _ 5 5WD n otice emplo y er ( principal agent ) pay su b contractor on d efault by contractor

1 7 _ 3 5WD contractor carry out a contract instruction , w here pr a ct i cal

19.3.4 contractor rectify items on l ist for completion

2 1 . 3 _ 1 10WD contractor inspect before expiry of defects liability period

23_7 20WD principal agent > contractor asses claim - ac cept/reduce/reject

25.7 4 D employer contractor make payment rom date of payment certificate

26 . 5 * 20 WD notice contractor > principal agent notice of possi b le e x pense an d loss

26 . 6 40WD contractor > p rincipal a g ent substantiated claim

26_7 20WD principal a g ent > contractor assess clai m = accept/reduce/reject

26.10 9 0 CD princip a l agent > contractor issue fi nal account

26. 1 1 45CD contractor> principal agent accept fi nal account

27 .2.9 5 W D notice to contractor remed y default before ne xt recove ry s t a tement

29 2 . 10WD emplo y er > contractor intention to te rm inate if defaults not re m ed e di

29 3 . 1 0 W D e m ployer > contractor d efault no t re m edied , termination fo rthwi h t

29 17 1 . . f o rt hw it h contractor > emplo y er d efa u lt not remedied , terminatio n fo rt hwith

29 21 . 10WD either part y i n tention to terminate > im p ossible to complete

2 9.29 20WO principal a g ent + contractor ? prepare status report

2 9 . 3 1 9 0 CD p rincipal agen t complete fi n al account

30 2 . 1 0WD eit h er part y d isa g reement not resol v ed > dispute

30 3 . 10WD a gg rieved party refer to ad j udi ca tio n

30 6 . .4 10WO ag g rieve d pa rty dissatis fi e d w it h ad udi j ca tion

3 0 .6.5 10WD aggrieved party no ad udication/n j o t accept ad udication ru li n g > arbitration