JBCC 2020 And All That: A practical interpretation Second Edition

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Product Code: TD/JBC/JBC20
The construction contracting arena is especially fraught with risks of all descriptions and a thorough understanding of the contractual rights and obligations of the various parties to the different contracts is essential to anyone involved in this field. Such understanding can be very rewarding and enjoyable, but participants must learn and observe the rules, or they will neither enjoy the activity nor be successful at it. The same applies to construction activities. It may be a chore but learning the rules under which the industry operates is an essential prerequisite to success. The initials JBCC stand for the Joint Building Contracts Committee. This is an organisation established in 1984 by various construction related bodies. It is now fully representative of all the role-players in the Built Environment and includes the professions, contractors’/subcontractors’ associations, the Black Business Council for the Built Environment and the South African Property Owners Association. In the building sector of the construction industry in South Africa the JBCC Agreements are by far the most used and enjoy wide acceptance. They are also widely use in other African countries such as Botswana and Lesotho, but also others. One of JBCC’s main functions is to publish, and update as necessary, construction agreements and related back-up documents. Its first editions were published in 1991, and since then there have been various editions, published at varying intervals. The latest 2018/2020 editions contain important changes from previous editions and this book not only highlight these changes but focusses on the interpretation and understanding of the contractual conditions that users, especially contractors and subcontractors, have to deal with on their construction projects.

Additional information

Author:

Professor Tinus Maritz

Publisher

Joint Building Contracts Committee

PREFACE 1
ABOUT THE AUTHORS 2
FOREWORD 3
CHAPTER 1: INTRODUCTION 6
CHAPTER 2: THE JBCC PRINCIPAL BUILDING AGREEMENT (PBA) 9
SECTION 1: INTERPRETATION (Clauses 1.0-7.0) 9
SECTION 2: INSURANCES AND SECURITIES (Clauses 8.0-11.0) 18
SECTION 3: EXECUTION (Clauses 12.0-17.0) 24
SECTION 4: COMPLETION ( Clauses 18.0-24.0) 32
SECTION 5: PAYMENT (Clauses 25.0-27.0) 40
SECTION 6: SUSPENSION AND TERMINATION (Clauses 28.0-29.0) 44
SECTION 7: DISPUTE RESOLUTION (Clause 30.0) 47
SECTION 8: AGREEMENT AND CONTRACT DATA 52
CHAPTER 3: THE JBCC GENERAL PRELIMINARIES 55
CHAPTER 4: THE JBCC NOMINATED/SELECTED SUBCONTRACT AGREEMENT (NSSA) 60
INTRODUCTION 60
SECTION 1: DEFINITIONS AND INTERPRETATION ( Clauses 1.0-7.0) 62
SECTION 2: INSURANCE AND SECURITY (Clauses 8.0-11.0) 65
SECTION 3: EXECUTION (Clauses 12.0-17.0) 67
SECTION 4: COMPLETION ( Clauses 18.0-24.0) 70
SECTION 5: PAYMENT (Clauses 25.0-27.0) 75
SECTION 6: SUSPENSION AND TERMINATION (Clauses 28.0-29.0) 78
SECTION 7: DISPUTE RESOLUTION (Clause 30.0) 79
SECTION 8: AGREEMENT AND CONTRACT DATA 80
CHAPTER 5: THE MBSA DOMESTIC SUBCONTRACT AGREEMENT 81
INTRODUCTION 81
SECTION 1: INTERPRETATION (Clauses 1.0-7.0) 82
SECTION 2: INSURANCE AND SECURITY (Clauses 8.0-11.0) 84
SECTION 3: EXECUTION (Clauses 12.0-17.0) 86
SECTION 4: COMPLETION ( Clauses 18.0-24.0) 88
SECTION 5: PAYMENT (Clauses 25.0-27.0) 91
SECTION 6: SUSPENSION AND TERMINATION (Clauses 28.0-29.0) 93
SECTION 7: DISPUTE RESOLUTION (Clause 30.0) 94
SECTION 8: CONTRACTUAL AGREEMENT (Clause 31.0) 95
CHAPTER 6: THE JBCC MINOR WORKS AGREEMENT (MWA) 96
INTRODUCTION 96
SECTION 1: INTERPRETATION (Clauses 1.0-7.0) 97
SECTION 2: INSURANCE AND SECURITY (Clauses 8.0-9.0) 98
SECTION 3: EXECUTION (Clauses 10.0-14.0) 100
SECTION 4: COMPLETION (Clauses 15.0-18.0) 101
SECTION 5: PAYMENT (Clauses 19.0-20.0) 103
SECTION 6: SUSPENSION OR TERMINATION (Clause 21.0) 104
SECTION 7: DISPUTE RESOLUTION (Clause 22.0) 105
SECTION 8: AGREEMENT AND CONTRACT DATA 106
CHAPTER 7: THE SMALL AND SIMPLE WORKS CONTRACT (SSWC) 108
INTRODUCTION 108
CLAUSE 1: DEFINITIONS AND INTERPRETATION 108
CLAUSE 2.0 INSURANCES AND INDEMNITIES 109
CLAUSE 3.0 EXECUTION, SETTING OUT AND PROGRAMME 110
CLAUSE 4.0 DIRECT CONTRACTORS 110
CLAUSE 5.0 PAYMENT 110
CLAUSE 6.0 ADJUSTMENT OF THE CONTRACT VALUE AND FINAL ACCOUNT 111
CLAUSE 7.0 CONTRACT INSTRUCTIONS 111
CLAUSE 8.0 COMPLETION AND DEFECTS LIABILITY PERIOD 111
CLAUSE 9.0 REVISION OF THE DATE FOR PRACTICAL COMPLETION AND PENALTIES 112
CLAUSE 10.0 SUSPENSION AND TERMINATION 112
CLAUSE 11.0 DISPUTES 113
CLAUSE 12.0 CONTRACT DATA 113
CHAPTER 8: THE DIRECT CONTRACTOR’S CONTRACT (DCC) 114
INTRODUCTION 114
CLAUSE 1.0 DEFINITIONS AND INTERPRETATION 114
CLAUSE 2.0 INSURANCES 114
CLAUSE 3. 0 EXCECUTION, SETTING OUT AND PROGRAMME 115
CLAUSE 4.0 PAYMENT 115
CLAUSE 6.0 ADJUSTMENT OF QUOTATION AMOUNT 115
CLAUSE 6.0 CONTRACT INSTRUCTIONS 116
CLAUSE 7.0 COMPLETION 116
CLAUSE 8.0 REVISION OF THE DATE FOR COMPLETION 116
CLAUSE 9.0 TERMINATION 116
CLAUSE 10.0 DISPUTES 117
CLAUSE 11.0 CONTRACT DATA 117
CHAPTER 9: FLOW CHARTS (JBCC PBA) 118
CHAPTER 10: STANDARD LETTERS 127
STANDARD/AGREEMENTS/CONTRACTS 198