ona M React ha [| MINOR WORKS AGREEMENT Project Employer _ Contractor Contract Date File Code 48CC Edition 5.2 © may 2018Page 1 of 2 pages The Joint Building Contracts Committee® - NPC Minor Works Agreement | Edition 5.2 —- May 2018 JBCC® in the interests of standardisation and good practice with an equitable distribution of contractual ick For more information about the JBCC®, frequently asked questions, where documents may be purchased as well as. ating couse vist wine bc e222, The JBC" doesnot sell rect to uses bl May be senacled et neurone os Minor Works Agreement structure The sereement clauses follow the project execution sequence, The documents aim to set out clear, balanced and Sprerceable Procedures, rights and obligations which, when competently managed and administered, protect the employer contractor and subcontractors alike,"The folowing addlional documents form par ofthe suite of contract agreements, 1 TREYBCC® Minor Works Agreement Contract Data that incorporates specific employer and contractor requirements * The JBCO® General Preliminaries that covers all aspects of preliminaries for most types of projects This agreement is intended for use where: + Tha works are not complex The employer appoints: { Abrincipal agent to edminister the agreement and or other agents for specific aspects of the works * Direct contractors for specialised work or installation not undertaken by the contractor This agroement is suitable but not limited for use where: +The contractor is a smal! to medium enterprise + The employer carries the major liabilities related to the works. * The employer is responsible for the primary insurances related to the works This agreement is not suitable where the works requires: + The appointment of nominated or selected subcontractors + Cost fluctuations ‘and is not considered suitable where: + The anticipated construction period is longer than nine months £_ Thenecessary contract documentation is nol complete and available at tonder stage + Completion in sections is required Warning! The JBCC® Minor Works Agreement Edition 5.2 has been coordinated with the JBCC® General Preliminaries and the JBCC® centificate forms and Support documents, Forms from previous editions are not compatible with the BCC” Minor Works Agreement Eaton 5.2 Persons entering into or preparing contracts using the JBCC® suite of contract agreements and ‘support documents are \wamed ofthe dangers inherent In modifying ary part of Exoenonce has show that changes crated by cers, including members of the bulding professions often have esulls that may be prejudicial to eitner, or both, parties, Disclaimer Vile the JCC alms to ensure tha is publications represent best practic, i daes not accept or assume any bility or responsibilty for any events or consequences which derive from the use of the JBCC" documents Copyright reserved rae name, The Joint Buiding Contracts Committee NPC’, the abbreviation JECC®, the electronic version e-JBCC® and {he JBCC* logo are registered trademaris. The JBCC” claims authorship ofthis work. Al cotte vee seecrvey part of Ins Publication may be reproduced, stored in any retrieval system or transmitted in any form or by eny means, eleeron ‘mechsnical, photocopying, scenning, recording, or otherwise, without the prior permission in wring of ie JOGC™ Unauthorised reproduction of the work Is an infringement ofthe copyright. Judicial proceedings can and wil be instituted to oblain relief and recovery of damages, {9 Copyright reserved: JBCC* Minor Works Agreement, Edition 5 2~ May 2018 ‘This page does not form part of the JBCO® Minor Works Agreement, Editon 5.2 May 2018Page 2.of 2 pages Actions by the parties / principal agent within a given time Clause Time perio 24 oreo 54 5 WD 55 10WD 55 SWD 80 before start 931 18D 932 2000 933 934 1090 Ht s5w0 128 | 10Wo 120 before tant 43 8D 1522 5WD 153 156 = s+5wO 163 SWD wat 70WD a2 10WO 382° dato (Co) 199 14D 1910 21D 1971 3 WO noice 1012 5 WO 205 notice 208 © 30WD 209 15WD 2010 10WD 212 5D notice 214 8 WDnotiee 215 forthwth 27 10WD 20141 10WD 2120 20 Wo 2122 50W0 224 notice 222 © 10 Wo 2254 10+ 10wD Action partes or principal agent, contactor > PA> employer employer contractor > employer employer paries parties parties patios ‘eontiacter contractor ‘tincipal agent + agents contractor contractor > principal agent pincjpal agent > contactor contractor > principal agent Frineipal agent > contactor Principat agent principal agent PA > contractovemployer ‘employer pay contractor ‘contactor pay employer ‘contractor > employer principal agent» cantractor ‘contractor > prinopal agent principal agent banractor contractor > principal agent ‘employer (PA) > contractor femplayer > contractor temployer > contractor Contractor > employer Eontractor pencipalagant (+ contractor?) Principal agent (+ contractor?) ‘ether pary ‘ether party ‘ether party Purpose natleas deemed tobe received nor-pertormance of an agent ito. this agreement inabliy o act, repiacelappoint another agent to. this agreement nt appoint agent on reasonable objection \warks ri¢publc Hailiysupplemencary meurance provice secures provi replacement secures Adjuct cocurty value if contract value inoreased by 10% Fe'uin ariginal securty form on expiry provide securitvipriced decumenierocramme Eommance works. Selling out intermation carry eut a contact netruction, whore practical ‘notice to inspect fer practical completion list for practeal completion ter Inspection ‘no it"> notice > deemies practically complete ‘Updated isl for final completion afer inspection revised date for practical completion fegusiment ofthe contract value Feeue payment certificate ano support forms ‘ake payment from dete of payment ceriicate it, schedule from principal agent ro payment, notice fo suspandicall on securiyterminetion final poy cerlfeate afer certificate ol inal completion’accept final account notice of possible expense and loss prepare final account afer date of practical eompltion ‘exept final account ‘notice dispute final accountesolve iesues and issue final aocount list of defauts fo be remedied > suspen works Intention to lerminale i default not remected termination Infention fo suspendierminate if defaults not remedied remove construction equipment after termination prepare status report ‘omplete and agree final account Notice ofa disagreement clsagreemont rot resolved > dsputle he determination > notes, no determination > arbitration © Copyright reserved: JBCC” Minor Works Agreement, Elion 5.2 May 2018 ‘This page does nol form part of he JECC® Minor Works Agreement, Editon 5,2 — May 2018Page 1 of 19 pages MINOR WORKS AGREEMENT TABLE OF CONTENTS. Section Clause No. Description Page INTERPRETATION 1.0 Definitions and Interpretation 2 20 Law, regulations and notices 5 3.0 Offer, acceptance and assignment 5 4.0 Documents 5 5.0 Employer's agents 5 69 Principal agent 6 7.0 Design responsibility 6 INSURANCES AND SECURITIES 8.0 Risks, indemnities and insurances 8 8.0 Securities 7 EXECUTION 10.0 Obligations of the employer 8 13.0 Obligations of the contractor 8 120° Setting out ® 13.0 Direct contractors © 14.0 Contract instructions: 10 ‘COMPLETION 150 Practical completion "1 16.0 Defects liability perod and Final completion 1" 17.0 Revision of the date for practical completion 12 18.0 Penalty for late or non-completion a PAYMENT 19.0 Payment 13 20.0 Adjustment tothe contract value and finel account 14 SUSPENSION AND TERMINATION 21.0. Suspension or termination 15 DISPUTE RESOLUTION 22.0. Dispute resolution 7 AGREEMENT ‘Agreement 19 © Copyright reserved: JBCC* Minor Werks Agreement, Edtion 8 2 May 2018Page 2 of 19 pages INTERPRETATION 1.0 14 DEFINITIONS and INTERPRETATION 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 iis usage AGENT: An entity [CD] appointed by the employer to deal with specific aspects of the works AGREEMENT: The JBCC® Minor Works Agreoment and the JBCC® contract data, the contract drawings, the specification, the priced document and any other documents reduced to writing and signed by the authorised representatives of the parties BILLS OF QUANTITIES: The document drawn up in accordance with the measuring system [CD] CALENDAR DAYS: Twenty-four (24) hour days commencing at midnight (00:00) which inclide Saturdays, Sundays, proclaimed public holidays and recorded contractor's annual holiday periods [CD] CERTIFICATE of FINAL COMPLETION: A certificate issued by tho principal agent to the contractor with & copy to the employer stating the date cn which final completion af the works was achieved CERTIFICATE of PRACTICAL COMPLETION: A certificate issued by the principal agent to the contractor with a copy to the employer stating the date on which practical completion cf the works was achieved CONSTRUCTION EQUIPMENT: Equipment and/or plant provided by or belonging to the contractor used during the construction period CONSTRUCTION INFORMATION: All information issued by the principal agent and/or agents including this ‘agreement, specifications, drawings, schedules, notices and contract instructions required for the execution of the works CONSTRUCTION PERIOD: The period commencing on the date [CD] of possession of the site by the ‘contractor and encing on the date of practical completion CONTRACT DAT/ he document listing the project specitic information Ie}: CONTRACT DRAWINGS: The crawings listed [CD] he notation used where additional information is recorded in the contract data CONTRACT INSTRUCTION: A written instruction issued by or under the authority of the principal agent to the contractor which may include drawings, photographs and other construction information CONTRACT MINUTES: A comprehensive set of minutes prepared by the prinelpal agent in which all pertinent Contractual information that arises at mestings is progressively recorded CONTRACT SUM: The accepted tender amount, inclusive of tax [CD] that is not subject to adjustment CONTRACT VALUE: A monetary value inital equal to the contract sum, inclusive of tax that is subject to ‘adjustment in terms of this agreement CONTRACTOR: The party [CD] contracting with the employer for the execution of the works DEFAULT INTEREST: Intorest at six (6) percentage points per annum above the ruling rate of interast where ‘payment has not been received within the stioulated period compounded monthly from the due date for payment Unt the date of payment DEFECT: Any aspoct of materials and workmanship forming part of the works that does not conform to the agreement andior construction information DIRECT CONTRACTOR: An entity appointed under separate agreement by the employer to do work on site prior to practical completion [CD] EMPLOYER: The party [CD] contracting with the contractor [© Copyrigt reserved: JBCC" Minor Works Agreement, Edtlon 5.2 May 2018of 19 pages EMPLOYER'S ALLOWANCE: An amount including the contractor's mari-up included in the contract sum for \work intended for execution by the contractor, or by cthe’s, the extent of which Is identified but nat detalled FINAL ACCOUNT: The document prepared by the principal agent that reflects the final contract value of the works at final completion or termination FINAL COMPLETION: The stage of completion of the works as ceriffed by the prineipal agent where the works has been completed and s fee 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 FORCE MAJEURE: An exceptional event or circumstance that * Could not have been reasonably foreseen + Is beyond the contol of the parties, ano * Could not reasonably have been avoided or overcome Such an event may include but is not limited to + Acts of war (declared or not), invasion andior hostile acts of foreign enemies + Insurrection, rebellion, revolution, military or usurped power ane terrorism * Civil commotion, disorder, riots, strike, lockout by persons other than the contractor's employees or his subcontractors + Sonie 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 voleanic activity FREE ISSUE: Materials and goods provided at no cost to the contractor by the employer for inclusion in the works [CD] GUARANTEE for ADVANCE PAYMENT: A security in terms of the JBCC® Guarantee for Advanco Payment form, obtained by the contractor from an institution approved by the employer GUARANTEE for CONSTRUCTION: A security in terms of the JBCC® Guarantee for Construction form, ‘obtained by the contractor from an institution approved by the employer GUARANTEE for PAYMENT: A sacurty in terms of the JBCCY Guarantee for Payment form, obiained by the employer trom an institution approved by the contractor INTEREST: Tho bank rate applicable from time to time to registered banks borrowing money from the Central or Reserve Bank ofthe country (CD). The ruling bank rate on the first ealendar day cf each month shal be used in calculating the interest cue for such month YBCC": The Joint Building Contracts Committee” NPC. LATENT DEFECT: A defect that a reasonable inspection of the works by the principal agent andior agents ‘would not have revealed LAW: The law of the country [CD] LIST FOR COMPLETION: A lis that may include marked up drawings and photographs issued by the prineipal agent vihere practical completion has been verified, listing defects andior outstanding work to be completed LIST FOR FINAL COMPLETION: A list hat may include marked up drawings end photographs issued by the Principal agent aftar the inspection of the works for final completion, where final completion hes not Seen achieved, listing defects andor outstanding work to be completed to achieve final completion LIST FOR PRACTICAL COMPLETION: A comprehensive and conclusive list that may include marked up drawings and photographs issued by the principal agent after the inspection of the works for practical completion, where practical completion has not been achieved, listing the defects andlor outstanding work to be completed to achieve practical completion MATERIALS AND GOODS: Unfixed materials, goods and/or items prefabricated for inclusion in the works whether stored on or off the site or in transit NOTICE: A written communication, excluding social media, issued by either party, the prinelpal agent and/or agents to the other party, the principal agent and/or agents to, inter alia, record an event, request for outstanding construction information andior where suspension andior resumption of the warke andior {termination ofthis agreement is contemplated (© Copyright reserved: JBC Minor Works Agreement, Edition 52 — May 201812 124 123 124 125 Page 4 of 19 pages PARTY: The employer andior the contractor and “parties” shall refer to both of them Pee eR RERTIFICATE: A cenicate issued et reguar agreed intervals [CO] by the principal egent lo the Parties ceriying the amount due and payable in terms of the JECC® Payment Certificate fervar CINReENT REDUCTION: The security selocted by the contractor as a payment reduction from the value Heats cwpafment certificate, The principal agent shall wilhtld ten per cent (10%) of esen pyrene completa a fve Per cart (5%) ofthe contract sum is reached. Half he amount ie released al everest ‘completion and the remainder included in the final payment certificate, Tre de eae Spulted amount per ealondlar day [CO] payable by the contractor to the employer where ‘ne date or the revised date for practieal completion, whichever is the lalerhas not Been mek PRACTICAL COMPLETION: The stage of completion as cerified by the principal agent where the works hes caer meted ands fre of patent defects ote than minor defect dentfied inthe st fox compton sso ‘aan be used for the intended purpose ICD) Freed ANARIES: The JBGC® General Proliminaries ancfor he items listed in the preliminaries section ofthe priced document PRICED DOCUMENT: The document incorporating quantties andlor reles used in the comelation ofthe contract sum such as bills of quantities, preliminaries and schedules of rates, Frome GOST AMOUNT: An amount Included inthe contract sum forthe delvered cost of materiale and ‘goeds obtained from a supplier as instructed by the principal agent Fre ae ALAGENT: The entity [CD] appointed by the employer with ful authoiy and obligation to actin terms of this agreement PROGRAMME: A ciagrammatic representation ofthe planned execution of units of work or activities indicating {he dates for commencement and completion prepared and maintained by the controctor Ireaereet A monetary guarentee (CD] provided by the employer tothe contractor o vce versa, in terms of this agreement [CD] from which either party may recover expense and loss in the event of acloae SITE: The land, or place, where the works is to be executed [CD] eUeREPORT: A report compiled by the prinelpal agent andor agents inthe event of termination ofthe carnation a ones the works has been suspended dus to a foree majoure event, to record! the stoi completion or otherwise ofthe works. Such status report may include marked un drawings and protowrepre SUSPENSION: The temporary cessation of the works by the contractor TAX: Value-added tax, general sales tx or similar consumption tax applicable by law Toone CANS: Calendar days which exclude Saturdays, Sundays, prociaimed pubic holidays end ‘ecorded annuel contractor's holiday periods [CD] INORKS: The extent of work to be execuled by the contractor described in the agreement and contract direct Contesonn ct nelides fee issue, ané matoriais and goods. Work or mstalaions lo be oxeceied irect contractors and ethers responsible tothe employer are excluded [CD] Interpretation seestarts ‘accept low, appcin. approve, authorise, ceri, decide, demand, designate, grant, inform, instruct Bai ic notice, notify, object, record, reduce, refuse, request, stat’ and thelr derivatives rodure such wets be in writing and vee gag Gonder Includes the feminine and nauter ganders and vee versa, the singular includes the plural ‘ané vice versa and a person includes jurstc or artificial persons ‘The headings of clauses are for information only and shall net be used in interpretation Faleerce (2 clause number wniton os [54.3.2] means that specie clause; or clause [543.24] means sub- tlauses 2 to 4 inclusively: or clause [54.3.2 & 4] means sub-clauses 2 and 4 oniy ‘The werd ‘deemed’ shall be conclusive that something is fect, regardless of the objective truth ® Copyright reserved: JBCC* Minor Werks Agreement, Edtion 5:2 - May 201820 24 22 23 24 244 242 243 3.0 a4 32 33 34 38 36 4.0 44 42 4a 44 45 5.0 5A 52 Page § of 19 pages LAW, REGULATIONS AND NOTICES ‘The parties shall comply with the law (CD), obiain permits, licences end approvals required and pay related charges for the execution of the works. The employer shall oblain permits, planning, building et similar ormissions and pay charges for the works olher than these which are the responsiblity of the contractor All communication of notices between the parties shall be in the language of this agreement and in a form that carn be read, copied and recorded Legal processes arising out of or conceming this agreement may validly be delivered to and served on the Parties at the physical adcress of the parties recorded in this agreement. Either party may, at any time, by Notice to the other, change its physical address provided itis in the same couniry Notices given in terms of this agreement shall be deomed to have been received where: Delivered by hand - on the day of delivery ‘Sent by electronic mail, excluding social media - within one (1) working day Sent by registered post - within seven (7) ealendar days after posting OFFER, ACCEPTANCE AND ASSIGNMENT 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 employer The curreney applicable to this agreement is as recorded [CD] This agreement shall come into force on the date of acceptance by the employer and continue to be of orca ‘and effect until the end of the latent defects lability period [16.0] notwithstanding termination [21.0) othe Certification of final completion [16.2.2] and final payment [19.8] Should any provision of this agreement be unenforceable the parties shall in good faith agree altemative provisions in terms of this agreement Feilure oF omission by a party to enforce any provision of this agreement shall not constitute @ waiver of such provision or affect such party's rights to require the performance of such provision in the future. "Neither party shall assign or cede rights or assign rights o- obligations under this agreement without the prior writen consent of the other party, which consent shall not be unreasonably withheld DOCUMENTS Documents referred to in this agreement shall mean the current edition therecf with ell amendments thereto 28 at the date of submission of the contractor's tender ‘The parties shail sign the original agreement and shall each be issued with a copy thereof. The original signed ‘agreement shall be held by the prinelpal agent (CD) The priced documents shall not be used as a specification of materials and goods or methods ‘The content of this agreement shail not be published or disclosed or used for any purpose other than that specified in this agreement, The principal agent and/or agents shall timeously provide the number of copies of drawings, un-priced bills. ‘of quantities and other construction information at no cast to the contractor [CD] EMPLOYER'S AGENTS ‘The employer warrants that the prineipal agent has full authority and obligation o act and bind the employer \n terms of this agreement. The principal agent has no authority to amend this agreement ‘The employer may appoint agents to deal with specific aspects of the works in terms ofthis agreement [CD} ‘The principal agent shall give notice to the contractor where such authority is velegatad to lesve contract instructions and perform duties for specific aspects of the works {© Copyright reserved: JBCC* Minor Works Aoreement, Edition §.2—May 201884 58 6.0 61 612 13 e14 61s 7.0 7A Page 6 of 19 pages The principal agent and/or agents shall declare any interest or involvement in the works other than a professional interest, where applicable [CD] Where the principal agent ‘ails to act in terms of this agreement ancior any agent falls to act in terms of delegated authority, the contractor shall gve notice to the principal agent, with a copy to the employer, 10 rectify such cefaul within five (5) working days. Where such default has not been rectified, the contractor may ‘ive notice to suspend the works Where the prinelpal agent or any agent fails to act or is unable to act or ceases to be the principal agent or fan agent in terms of this agreement, the employer shall appoint another principal agent or agent within ten (10} working days of the date of such notice from the contractor. The employer shall not appoint a principal ‘agent or an agent against whom the contractor makes reasonable objection within five (5) working days of receipt of notlee of iniention to make such an appointment ‘The employer shail not interfere with er prevent the principal agent or an agent from exercising fair and reasonable judgement when performing their obligations in terms of this agreement PRINCIPAL AGENT ‘The principal agent shall Administer this agreement Mest regularly with the contractor and agents to monitor progress of the works, and to deal with technical and coordination matters. The principal agent shall record and timeously distribute the ‘contract minutes of such meetings Issue construction Information timeously Give the contractor interpretations and direction on the standard of work and the state of completion of the works required of the contractor to achieve practical completion and final completion Revise the date for practical completion [17.0] Issue a certificate of practical completion and a certificate of final completion where the works has reached the specified stancard of completion (15.3.3; 16.2.2] Issue interim payment certificates lo the contractor by the due date [CD] with 2 copy to the employer nt the issue of the final payment certificate (19.2) ‘Adjust the contract value and prepare the final account [20.0] DESIGN RESPONSIBILITY ‘The contractor shall not be responsible for the design of the works other than the contractor's temporary works, The contractor shall not be responsible fer the coordination of design elements INSURANCES AND SECURITIES 8.0 at 812 843 B14 RISKS, INDEMNITIES AND INSURANCES ‘The employer shall be at risk for and indemnifies and holds the contractor harmless from claims or proceedings for damages, expenses andior loss (including legal fees and expenses) in respect of or arising trom or out of the execution of the works or occupation of the site by the contractor cue to: Physical loss and repairing damage to the works including existing structures and the contents thereat “The support of structures being altered or added to andlor the removal of or weakening of or interference with the suppart of land andor property adjacent to or within the site [A defect in free issue andior work to be executed andlor installed in the works by a direct contractor Design of the works (other than contractor's temporary works) © Copyright reserved: JBCO® Minor Works Agroement, Edtion 5.2~ May 2018821 822 823 824 825 a3 a4 as ast 882 as ar 9.0 on ott 942 92 93 934 932 933 934 Page 7 of 19 pages Force majeure sg omployer shal effect and Koop in force inthe joint names of the parties the following insurances from the 216 of Possession of tho site unt the issue ofthe certificate of practical complotinn Raneselorors insurance (CD) for the works tht shall make provision fr direct contractore (CD), free otal done, materials and goods, professional oos, temporary works, Ine Clearing eerer ry removing sean Gahrs. any alter costs toreinsiate the works and where requited and damage ey ‘employer owned surrounding property (CD) seeeismentary insurance {CD] for the works agains oss or damage caused by civ ‘commotion, rot, ‘Ke, labour disturbances ond lockout to the extent not Insured under the controcd wenke wen Public Habit insurance [CD] providing indemnity in respect of accidental death or Injury to any person ‘and accidental lass of or physical damage to tangible property to remain in force fe tee completion ce ta, ct lteral support insurance [CD] where the employer considers thatthe execution ofthe works. 2a cause the removal of or weakening of or interference with the support of lat ne Property adjacent The oman ie site (ncluding employer owned surrounding propery) and tne concen ees thereof, sreemployer shall appoint an agent to design and monitor approptate surpon oases Use in Sxcavations andior in an existing propery that forms part of the works andor ne site Other insurances [CD] The employer shal provce the contractor with the ene policy wording of such policies Employees Construction equipment Tro cxentzactor shall be responsible for the policy deductibles [CD] in respect ofthe insurances arranged by {he employer where an actin or inaction by the eontractor isthe cause of sans ‘Saul any incident or event occur which could give rise to a potential claim in terms ofthe Insurances arranged 5y the employer, the contractor shall give notice to the principal agent SECURITIES ‘The contractor shall offer one of the following to the employer A guarantee for construction or. Payment reduction [0 OPIeYer Sl rove to tho contractor a guarantee for payment where required in the accepted tender (ep on feceipl of such security the contractor shal waive Fs ion or right of Continuing possession of the Works, where this has not heen weived Tho parties shal: Provide tthe other party the security CD] within then (15) working days of acceptance ofthe tender eat fe racaner Party a replacement security where the date for practical completion is extended Pr fos erp Construction perio fo an appropriate value at least twenty (20) vortane ‘days prior to its expiry cate exceeds the contract sum by more than ten per cant (10%), provide an reapentye caurty atthe employers expense and provide writen proof of such sapere respective parties Return the ongial (adjusted) security orm within ten (10) working days after its expiry date © Copyright reserved: JACC® Minor Works Agreement, Eton 5:2~ May 2018Page & of 19 pages 9.4 Where an advanced payment is required for work prior to installation or for materials and goods slored offsite. the contractor shall provide a guarantee for advance payment equal in valve to the aggregate amount of al ‘such advanced payments [CD] 9.5 Where a party makes an unjustified call on a security, the amount paid and default interest shall be paid to the other party EXECUTION 10.0 OBLIGATIONS OF THE EMPLOYER 10.1 The employer shal 04.1 Appoint agents to deal with specific aspects of the works in terms ofthis agreement 104.2 Ensure the prinelpal agent and/or agents provide all construction information timeously to the contractor 10.1.3 Record specific requirements [CD] where the existing premises will be in use and occupied during the execution of the works including restriction of working hours [CD] 10.1.4 Record and describe relevant natural features and known services [CD] where the contractor shall be responsible for the'r preservation 1015 Dating any restrictions to the site or areas that the contractor may nat occupy [CD] 10.1.6 Give possession ofthe site to the contractor on the agreed date [CD] 1017 Effect and keep in force insurances in the joint nares of the parties [CD] 10.1.8 Provide a guarantee for payment [9.2], where applicable [CD] 10.1.9 Make payments by the due date [19.9] [CD] 10.1.10 Make advance payment(s), whore required [8.4] [CD] 10.41.41 Permit reasonable access to the works by the contractor subsequent to practical completion to fulfil outstanding obligations [18.8] 10.1.12 ‘Supply free Issue to suit the programme [CD] 104.13 Define the extent of work to be carried out by a direct contractor [13.0] {CD] 102 The employer may employ: 10.24 Direct contractors [CD] 10.22 ‘Others to rectify any default of the contractor and recover expense and loss resulting from such action 11.0 OBLIGATIONS OF THE CONTRACTOR 141 The contractor shall submit to the prinelpal agent within fiteen (15) working days of acceptance of tender: naa ‘The priced document [CD] 42 4 programme for the works in sufficient detall to monitor the progress of the works, 1143 A guarantee for construction (9.1.1) (CD] W414 ‘A JBC? format waiver of lien, wnere applicable [CD] 11.2 The contractor, on appointment, shall 124 Forthwith submit statutory notices for the works: © Copyright reserved: JECC* Minor Works Agreament, Elton 5.2 — May 201811.2.3 1124 11.25 11.28 N27 11.28 11.29 11.2.0 W201 12.0 wea read 12.4.2 122 12.24 1222 12.2.5 123 13.0 134 134.4 13.12 1313 132 133 Page 8 of 19 pages Teer ye TL Person to continuously administer and control the works as the contractor's Gen tone carcentraet instruction given to the contractor's representative shallbe decredee ee given to the contractor einlain daly records in compliance with the law and previde regular copies tothe principal agent Provide everyhing necessary forthe proper execution ef the works in compliance with the agreement agent 4 workmanship of he quality and standards species ta ie approval af the mrnctenk agent Provide, maintain and remove on completion any temporary siniclures ard construction equipment Sperean® ane morks within ten (10) working days and proceed wih cue dligence, regularity, Commoletign Nl 294 appropriate resources to bring the works o practical completion and Ge any completion Seah On ste a copy ofa construction Information roquired for excculon of the works to which the ‘employer and principal agent andior agents shall have reasonable accese ‘Assist the principal agent in the preparation of payment certificates [19.1] mene eieemBloyer and agents reasonable access tothe works, workshops and other places where work is being prepared, executed or stored sreeeniewement cf practical completion hand over to the principal agent all information tor the Preparation of'as bull documentation and applicable statutoryiegulatory approval coninnase, 2e,achleverent of final completion hand over tothe prinelpal agent all operating and instruction ‘manuals, product guarantees and the like SETTING OUT The prinelpal agent or an agent with delegated authorty shall Paint out boundery pegs or beacons identifying the site and the datum level Define the setting out points and levels required for the execution of the works Tne contractor shall: Be responsibie for the accurate setting out of the works notwithstancing checking by others Promeebensible for the preservation and the reinstalement of boundary pegs, boscons and ather survey information Not be responsible fr incorrect setting out incorrect information was issued to the eentractor crore ee eentes OCoUu and where undocumented services, natural features, artcles of wakes ay wien Wit the work aan’ nett he principal agent who shal issue a contract instruction on howto meoaca win te works. Any roics or ther articles of value found on te site shall romain he poseriy of ae employer DIRECT CONTRACTORS The contractor shal {n accordance with a contract instruction from the principal agent permit direct contractors Ico} to Serie andr install work as part of the works. Such access tothe worke shall nol setaukie dees achievement of practical completion or occupation by the employer Make reascnable allowance in tho programme for such work or installation 5e ented to claim expense andier loss caused by direct contractors [20.0] Payment of direct contractors shal be the responsibilty ofthe employer outside this agreement hore shale no privy of contract between the contractor and a direct contractor appointed by the employer ©Copyright reserved: J8CC* Minor Works Agroament, Edhion 5.2 - May 2018Page 10 of 18 pages 14.0 CONTRACT INSTRUCTIONS 741 The prineipal agent may issue contract instructions to the contractor regarding tata Rectification of discrepancies, errors in description or quantity or omissions in this agreement other than inthe JBCC® Minor Works Agreement 1442 Alteration to design, quaity or quantity of the works provided that such contract instructions shall not ‘substantially change the scope of the works 14.43 The sito (12.0) 14.14 Compliance with the law, regulations and bylaws [2.1] 1445 Provision and testing of samples of materials and goods and/or finishes or assemblies of elements of the works 1416 Opening up of work for inspection, removal or re-execution 14.47 Removal or re-execution of work 14.18 Removal or substitution of any materials and goods 1419 Protection of the works 144.40 Making good physical loss and repairing damage to the works [8.0] 44.41 Recilicaton of defects (16.4, 16.8] 144.12 A list for practical completion specitying outstanding or defective work to be rectified to achieve Practical completion enc! list for completion and a lst for final completion specifying outstanding or detective work to be rectifed to achieve final completion 144.13 Expenciture of employer allowances andicr prime cost amounts vaasg Work by direct contractors {13.0} 144.15 ‘Access by other or previous contractors to remedy defective work 141.16 Removal from the site of any person employed on the works 144.17 Removal from the site of any parson not engaged on or connected with the works 141.18 On suspension or termination, protection of the works, removal of construction equipment and surplus materials and goods [21.6.1] 142 The contractor shall comply with and duly execute all contract Instructions "4 Shouid the contractor fal procaed with a contract instruction with due cligence, the principal agent may give notice to the contractor 10 proceed within five (6) working days of receipt of such notice. Winere the Contractor remains in default, the employer may engage cthers to cary out such contract instruction and may recover expense andor loss incured [20.7] 144 The contractor shall not be obiged to camy out a contract instruction for additional work issued after the Centfied date of practical completion 14.5 Oral instructions shall be of no force or effect COMPLETION 15.0 PRACTICAL COMPLETION 151 The principal agent shall 18.4.4 Inspect the works at sppropriate intervals to give the contractor interpretations and direction on the Standard of work and the state of completion of the works that the contractor will be required to aches ‘or practical completion (CD) [© Copyright reserved: JIBCC® Minor Works Agreement, Edition §.2 ~ May 201815.1.2 162 182.1 152.2 183 183.4 16.3.2 1533 163.4 154 155 156 16.0 162 16.21 16.22 163 164 Page 11 of 19 pages 'ssue a contract instruction [14.0] consequent on such inspection, where necessary ‘The contractor shal sianward Works in a¢vance ofthe anticipated date for practical completion to eonfum that the been aching Feaied and the sate of completion af he works for practical Con aier oe (CD) has been achieves Give at least five (5) working days notice to the principal agent of the anticipated date for the “*specton for practical completion ofthe works to met the anicipetod date for pencil ‘completion ‘The principal agent shal nspect the works within th perod stated {CD} and forthwith issue tothe contractor: Peary rensive and conclusive ist for practical completion {14.1.12) where the worke has not practical comcacompletion spocitving the defects to bo recited and work tobe cor pe achieve Practical completion Ao, Yatod list for practical completion lvite to toms on the list for practical completion that have for paca aed 0 Sansfactoiy. The contractor shal epeat te procedure onthe ne the list preatcal completion have been attended to satetactrly before ine seule Practical ‘completion is issued by the principal agent C.cartfcate of practical completion with a copy tothe empleyer sang the date on Which practical ‘completion of the works was achieved /A1St for completion with 9 copy to the employer of items tobe rectfed and work to be ‘completed dave ey Principal agent not ive alist for practical completion othe updated lt within five (5) working Gays ater tho inspection period, [15.3] the contractor shall give notlee vee ‘employer and the principal alice, practenr eritGibal agent not ssue such ist win a urier fe (5) wering days oF receipt of such prince actical Completion shall be deemed to have been achieved on the care ae oe notice and the Principal agent shail issue the certificate of practical eompletion toric proctest mPloyer lakes possession ofthe whole or potion of the works by agreement with the contractor, Practical completion shall be deemed io have occurred [18.3.3-4] Sa eau ofthe cortificate of practical completion the employer shall be ented to possession of the works Bean ean Peet the contractors len, or right of continuing possession of he ge this has not been waived DEFECTS LIABILITY PERIOD AND FINAL COMPLETION The defects labiity period for the works shall commence on the calendar ‘day following the date of practical or ugn ene oS at midnight (00:00) ninety (80) ealendar days tom he axe chores completion {CD} ramon work on the lst for completion has been satisactoly completed (16.4) shies Onexpiry of he defects ability period the principal agent shall inspect the works and {forthwith issue: working aeominelpal agent has not issued the lst for final completion or the updated fist within five (5) ahd th re eapeterthe Inspecion period, [162.1] ne contractor shal forthwith ee cerca es employer SFrever eral agent. Should the principal agent nat sve such lst witin s Kammer ats (©) working days Aaameate of fin complotion shal be conclushve ast the suficiency ofthe works and tat the contractor obligations [11.2.6] have Been fuliled other than for latent defects Copyright reserved: JBCC* Minor Works Agreement, Editon 52 —May 2018186 16.61 1662 167 168 17.0 17.4 aad q7A2 1743 1744 WAS m2 1724 1722 1723 24 w25 1726 1727 1728 173 17.4 Page 12 of 19 pages The latent defects liability period for the works shall commence al the start of the construction period and end five (5) years trom the date of final completion (16.2.2) Where termination of this agreement occurs before the date of final completion, the latent defects liability period shall end: Five (6) years from the date of termination [21.11] On the date of termination where execution of the works has become impossible due to circumstances ‘beyond the contol of either party [21.17]. or on the date of termination by the contractor due to default by the employer, the principal agent and/or agents (21.8) Where the contractor or a supalisr 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 coded 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 ‘The contractor shall make good ail latent defects that appear up to the date of expiry of the latent defects liabiity period [3.3] REVISION OF THE DATE FOR PRACTICAL COMPLETION ‘The contractor is entitled to @ revision of the date for practical completion by the prinelpal agent without an agjustment of the contract value ‘or a delay to practical completion caused by one or more of the following events: ‘Adverse weather conditions Inabilty to obtain material reduce such delay ind goods where the contractor has taken reasonable steps to avoid or Making good physical loss and repairing damage to the works [8.0] where such risk is beyond the reasonable control of the parties Exercise of statutory power by a body of state, public or local authority that directly affects the execution of the works Force majeure ‘The contractor is entitled to a revision of the date for practical completion by the principal agent with an adjustment of the contract value [20.0], for a delay to practical completion caused by one or more of the foltowing events: Delayed possession of the site [10.1.6] 1108s and repairing damage to the works where the contractor Is not at risk Making good phys Contract instructions [14.0] not cccasioned by the contractor's default Opening up [14.1.8] end testing of work and materials and goods [14.1.5] where such work is in accordance with the agreement Late or incorrect issue of construction information (10.1.2; 12.1; 14.1] Late supply of fee issue, materials and goods for which the employer is responsible ‘An act or omission of a direst contractor [13.0] ‘Suspension of the works Where the circumstances in 17.1 or 17.2 do not apply or due to any other cause beyond the contractor's control the contractor mey give notice of @ possible claim to the principal agent on becoming aware of such delay The contractor shall cive notice at the next site meeting of the ceuse of such delay and the working days claimed and expense and loss incurred where applicable © Copyright reserved: JBC Minor Worke Agree 1, Edtion 6.2 — Nay 2018Page 13 of 19 pages 175 The principal agent shal 1754 Determine the revised date for practical completion by granting, reducing or refusing each extension Claimed at intervals no greater than ten (10) working days 1752 Determine the adjustment of the contract value where claimed at intervals no greater than ten (10) working days 17.53 Record the details ofthe delay and adjustment to the contract value in the contract minutes 17.6 Where the contractor disagrees with such a decision, the principal agent shall give reasons for his decision to revise the date for practical completion andior to adjust the contract value and shall record uci information in the contract minutes. The contractor may dispute such reasens and the effects thoreof 18.0 PENALTY FOR LATE OR NON-COMPLETION 18.1 Where the contractor fails to bring the works to practical completion by the date for practical completion, Or the revised date for practical completion, the contractor shall be liable to the employer for the penalty [ey 182 Where the employer elects to levy such penalty the employer, or the principal agent on instruction from the employer, shall give notice thereo! to the contractor. The principal agent shail determine the penalty due from the later ofthe date for practical completion (CD), or the ravised date for practical completion, up to and inciucing the eatler of 1821 ‘The actual or deemed date of practical completion of the works [15.3.3] 1822 ‘The date of termination [21.6] 18.3 The principal agent shail include the penalty in regular interim payment certificates from the date on which ‘tho employer's entitlement to penalties commences PAYMENT 19.0 PAYMENT 19.1 The contractor shall cooperate with end assist the principal agent in the preparation of payment valuations by providing all required documents and quantifed amounts of work duly executed. Where the contractor has Not provided such information the principal agent shali make a fair eslimate of the work executed 13.2 The principal agent shall regulary by the due date [CD] issue payment certificates to the contractor with a Copy o the employer untl and including the issue ofthe ial payment certificate. A payment certificate may be for @ nil or negative amount 19.3 Each payment certificate shall separately include: 19.8.1 A fair estimate of the value of work executed 1932 A fair estimate of materials and goods [CD] 19.33 Security adjustment 2.1.2] 1934 ‘The gross amount certitied 1935 ‘The amount previously certified 1936 ‘Amounts due to elther party 1937 Tax 1938 Interest due [19.9] 1939 Other non-taxable amounts 193.10 ‘The net amount certified due to the contractor or the employer © Copyright reserved: CC® Minor Works Agreement, Edtion 5.2 May 2018194 19.4.1 19.42 195 196 197 198 199 19.10 19.14 t0.11.4 t9.14.2 19.41.3 19.12 19.13 1914 20.0 204 202 203 203.1 20.3.2 203.3 Page 14.0f 19 pages The vaiue of materials and geods [19 3.2] (excluding materials and goods of site or in transil) shall be included in the amount certified enly where Not prematurely delivered or offered for delivery in terms of the programme Stored and suitably protected against loss and damage The value of materials and goods [19.3.2] stored off site and/or in transit shall be included in the amount certified only where covered by a guarantee for advance payment or such other security as may be acceptable to the employer [CD] Materials and goods when certified [19.4] and paid for shall become the property of the employer and shall Not be ramaved without the written authoriy of the prineipal agent An interim payment certificate shall not be evidence that the works and materials and goods are in terms of the agreement ‘The principal agent shall certify one hundred per cent (100%) of the amount of the final account including adjustments in the final payment certificate ‘The employer shall pay the contractor the amount certified in an issued payment certificate including default Interest, if due, within fourteen (14) ealendar days ofthe date of issue of the payment certificate [CD] ‘The contractor shall pay the employer the amount certified in an issued payment certificate including default interest, if due, within twenty-one (21) calendar days of the date of issue of the payment certificate [CD] Where the employer has made a partial orno payment of the amount due in an igsued payment certificate by the due date or where the principal agent fails to issue a payment certificate, the contractor may give three (3) working days notice to comply, falliig which the contractor may: Suspend the works [21.1] Exercise the lien, or right of continuing possession of the works, where this has not been waived Call up the guarantee for payment [9.2] ‘The principal agent shall issue the final payment certificate to the contractor with a copy to the employer within five (5) working days of acceptance of the final account by the contractor, out not before the issue of the certificate of final completion, other than on termination [20.6] Where the contractor disputes the correciness of the final account within the period allowed (20), the principal agent shal issue interim payment certificates to the contractor with 2 copy to the employer by the ‘due date [CD] for the undisputed amount(s) For the purposes of provisional sentence in relation to a payment certifieate only, the parties consent to the jurisdiction of any court of law of the country {CD} ADJUSTMENT TO THE CONTRACT VALUE AND FINAL ACCOUNT The principal agent shall determine the value of adjustments to the contract value in cooperation with the contractor in the preparation of the final account. Where such adjustments require measurement on site, the contractor shail have the right to be present ‘The principal agent shall rectify discrepancies, errors in description or quantity, or omission of items in the agreement other than in this agreement [14.1.1] The principal agent shall adjust the contract value resulting from 2 contract instruction [14.1.2] determined as follows: ‘Work of a similar character executed under similar conditions shall be priced at the rates in the priced document Work not of a similar character shall be priced ct rates based on those in the priced document and gjusted to suil the changed circumstances Ht the above metneds do not apply, work shall be priced at rates based on the necessary use of labour. construction equipment andlor materials and goods for executing the work plus en allowance of ten er cent (10%) mark-up © Copyright reserved: JEGC" Minor Weeks Agreement, Edition 5.2 = May 201620.4 2044 204.2 205 206 206.1 206.2 206.3 207 208 20.9 20.10 Page 15 of 19 pages Where the contractor has made payment for items not included in the priced document. the actual ‘amounts paid plus a ten per cent (10%) mark-up shall be added to the contract value lirled te Charges by authorities ‘The cost of opening up and testing [14.1.6] where the work is according to the agreement sre gentractor shall give notice tothe principal agent of becoming aware of expense and/or loss for which Provision was not requited in the contract sum The principal agent shal: fretemployer allowances (14.1.13] and prime cost amounts from the contraet sum and determine ‘the actual value of such work to be added to the contract value Prorate the contractor's allowances for profit and attendance on employer allewances and prime cost ‘amounts ‘Adjust the preliminaries in the priced document Where the employer has incurred expense and loss arising from an insurance claim for which the contractor Wane sPonsible the employer shall provide details thereof to the principal agent fer adjustment ofthe conerret value in the amount stated days ete atent shall prepare and issue the final account fo the contractor within thity (20) working days of the date of practical completion days of acetal accent the Final account or object wit substaricted reasons within teen (15) working ‘lays of recsipt thereof faling which the final account shall be deemed to be accopied son caine contractor sive notice objecting tothe correctness of tho final account within the pevod [20.8] and may aieerur not beresoWved within ten (10) working days, or such an extanded period as the principal agent ‘may allow on request from the contractor, he contractor may give notice of a disagreement SUSPENSION OR TERMINATION 21.0 ata 242 243 2ntd 2148 2146 ana7 212 213 SUSPENSION OR TERMINATION ‘Suspension or termination by the contractor arog amtractor may give notice of ntanton to suspend or terminate this agreement whore the employer hes falled to timeously: Provide andlor maintain 2 guarantee for payment [CD] [2.2] Give possession of the site to the contractor [10.1.6] Pay the amount certified (19.11.1] Appoint another principal agent and/or agents [5.5] Allow the principal agent andior agents to exercise fair judgement [5.6] Effect insurances [8.2) nares the principal agent has failed to timeously issue lo the contractor construction information [10.1.2] or a payment certificate [19.2] Sree works hes been suspended [21.1 the principal agent shall revise tha date for practical completion fon resumption of the works [17.2.8] ® Copyright reserved: JBCC® Minor Works Agreement, Edin 5.2 ~ May 2018216 21.6.1 21.62 2163 2164 2165 21.66 219 2194 21.92 21.93 21.10 214 2142 21424 21422 2112.8 21124 21.125 21.43 21434 24.132 Page 16 of 19 pages Where the contractor decides to terminate this agreement the contractor shall give notice to the employer and/or the principal agent of a specified default (21.1.1-7] to be remedied within five (5) working days of the date of receipt of such notice Where a specified default has not been remedied within such period [21.4] the contractor may give notice to the employer and the principal agent of the termination ofthis agreement forthwith Where this agreement is terminated: The contractor shall remove temporary structures, construction equipment and surplus materials ‘and goods from the site within ten (10) working days, or such period agreed by the principal agent ‘The latent defects liability period for the completed portion of the works shall end on the date of termination [16.5] ‘The contractor may be entitled to damages ‘The guarantee for payment, where applicable [CD], shall expire on payment of the final payment certificate The guarantee for construction shall expire on the date of termination The guarantee for advance payment, where applicable [CD], shall expire on repayment of amounts ue (0 the employer Termination of the werks shall not prejudice any rights the contractor may have ‘The right to terminate may not be exercised where the contractor isin material breach ofthis agreement Termination by the employer ‘The employer may g¥ve notice of intention to terminate this agreement where the contractor has failed to: Provide andlor maintain a guarantee for construction [CD] [8.1.1] Proceed with the works [11.2.6] Comply timeously with 2 contract instruction [14.3] Where the employer contemplates terminating this agreement the prineipal agent shall give notice to the contractor of spectied dete [21.213] 0 be remerted wihin ten (10) working days of the dae of rece Where a specified default has not been remecied within such period [21.10] the employer may give notice to the contractor of terminstion of this agroement forthwith ‘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 [10.2.2] Use materials and goods and temporary structures on the site for which payment shall be included in the final account ‘Sell temporary structures or construction equipment belonging to the contractor where the contractor falls to remove such items on notice to do so, without baing responsible for any loss or damage Recover damages from the contractor from the date of termination including, but not limited to, ‘additonal costs incurred in the completion of the works Apply the penalty [18.2] up to the date of termination where the inital or revised date for practical ‘completion has passed ‘The employer has the right of recovery against the contractor, where applicable, [CD], from the: Guarai for construction until the final payment has been made Payment reduction © Copytight reserved: JCC Minor Works Agreement, Edtion 5.2 - May 201821.13.38 aia 21.15 2116 aur 2nars zara 2118 2119 21194 21.192 2120 221 aaa 21242 r218 21.22 21.23 21.24 21.25 Page 17 of 19 pages or Guarantee for advance payment until the outstanding balance hes been repaid to the employer date ataer Gets ably period forthe comploted portion of the warks shall end [16.6] fve (5) years fom the ste of termination Termination of the works shail not prejudice any rights the employer may have The right te terminate may net be exercised where the employer i in material beach ofthis agreement Termination due to impossibility of performance Either party may terminate this agreement where the works is Stopped for fory-fve eatendar days due to circumstances beyond the contol of either party Substantially damaged or destroyed Stree peat Party decides to teminete this agreement the party seeking termination shall give notice tothe other party The contractor shal (Cease work and ensure that the works is safe in erms of the law Remain responsible for the works [112] untl possession is relinquished to the employer Termination shal take effect rom the date recorded by he principal agent [21.19.2} ‘The Securities, where eppiicabe, shall expe and be retumed tothe contractor or employer: quay yarantee for payment shal expire on payment of the final payment certificate or on payment in {ull of the guaranteed sum or on the security expiry date, whichever le tne varlien ‘The guarantee for construction shall expire an the date of termination The guarantee for advance payment shall expire on repayment of amounts due tothe employer are achat aden, n consulaton wih the contractor where possibo, shall within twenty (20) working days Stanange's of temination compila and issue to the parties a status report of he worke welusig mentees ‘Grewings and photographs recording completed and incomplete work onthe dala of terminetion of ve wna eae eal agent shall continue to cert the value of the work executed and materials and goods unt the issue of the final payment certificate (18.2; 19.8), Ihe date ake agent shall ompmence and completa the final account [20.0] within thirty (30) working days of re cate Cl termination including the cast of materials and goods and those ordered before torte et the contractor is bound to accept and make payment for ‘This leuse [210] shal to the extont necessary io full is purpose, exist independently ofthis agreement DISPUTE RESOLUTION 22.0 224 22.2 223 DISPUTE RESOLUTION arrerany disaureoment arise between the employer (or the principal agant or an agent) and the contractor ‘The particg seeing, hs agreement, its valiity or termination, ether party may give notice of Gasoeencen spparties shall atompt to resolve such disagreement betwoer them and ecard such eaclutonin tance signed by them serene, isaareement is no escived wihin ten (10) working days of recopt ofthe notice of dsagreoment Such disagreement shall be deemed to be a dispute anc may be etered to adjudication by eithor pany The notice of adudication shall clearly define the scope ofthe dispute and tho relief sought by adjudication '® Copyright reserves: JECC* Minor Works Agreement. Ediion 5:2 May 2018224 225 22.5.4 22.52 2253 2284 2255 226 22.6.1 22.62 2263 2284 22.65 2286 2287 227 228 228.1 2282 22.83 22.10 Page 18 of 19 pages Fallure to comply with the procedure described [22.6] shall cause the dispute to be resolved by arbitration and not by adjudication Where a dispule is referred to adjudication: The adjudicator shall be nominated by the nominating body [CD] and shall be deemed to have been appointed by the parties ‘The applicable rules shall be stated [CD] or shall be by agreement between the parties and the adjudicator. falling which the rules shall be determined by the adjudicator, Neither party shal be “ontided to legal representation, unless otherwise agreed in writing by the parties ‘A determination given by the adjudicator shall be immediately binding upon and implemented by the Barties notwithstanding that ether party may give notice to refer the determination to artitration Where the agjudicator has not given a determination within the time period allowed or an extended time Period provided in the applicable rules for adjudication either party may give notice to the other Party and to the adjudicator that if such determination is net received within ten (10) working days of ‘aceipt of this notice his appointment is thereupon autometically terminated and such cispute shall be referred to further adjudication or arbitration, at the option ofthe claimant The adjudicator shall not be eligible for subsequent appointment as the arbitrator ‘Where the dispute is referred to arbitration: ‘Arbitration shall not be construed as a review or appeal from any adjudicstor's determination and that any such determination by the adjudicator shall remain in force and continue to be implemented unt! ‘overturned by an araitration award ‘The resolution ofthe dispute shall commence anew ‘The referring party in the adjudication shall be the claimant in the arbitration ‘The arbitrator shall be nominated by the nominating body {CD] and shall be deemed to have been ‘appointed by the parties ‘The applicable rules shall be stated [CD] or shall be by agreement between the parties and the arbitrator, failing which the rules shall be determined by the arbitrator ‘The arbitrator shall have the authority to finally determine the dispute including the power to make, open Up and revise any certificate, opinion, decision, determination, requisition or notice relating tothe dispute as if no such certticate, opinion, decisien, determination, requisition or notice had been issued or given ‘The arbitrator's award shall be final and binging on the parties Where the body to nominate an adjudicator [CD] or an arbitrator (CD is not specified the referring party shall be entitled to stipulate the body that is to nominate the adjudicator or the arbitrator binding the other party to accept such nomination Notwithstanding the provisions relating to the resolution of a disagreemant, adjudication or arbitration (225; 22.8], the parties may, by agreement and at any time, rofer a dispute to madiation, in which event The provisions relating to adjudication andlor arbitration shall be deemed to be suspended from the time of such agreement until notice by either party that they be resumed The appointment of a mediator, the procedure and the status of the outcome shall be agreed between the parties Regardless of tho outcome of a mediation the parties shall bear their own costs concerning the mediation ‘anc equally share the costs of the mediator and related expenses The parties shall continue to perform their obligations in terms of this agreement, notwithstanding that a disagreement or dispute exists between them This clause [22.0] shall, to the extent necessary to ful its purpose, exist independently of this agreement © Copyright eserves! JBCC Minor Works Agreement, Edtion § 2 — May 2018Page 19 of 19 pages AGREEMENT rot casement comprises the entire contract betwoan the parties No representations, terms, conditions or warranties or tomloateg mts 2areement sail be binding on the parties, No agreement or addendum varying, aoune te doleting authorised roxecen cement eluding this clause shal be effective unless reduced to witing and signed by the da authorised representatives of the parties, ‘The contracting parties ‘The pares Employer Cantractor Business name Business type Business registration ‘Tax number (VATIGST) ‘Contact persan Telephone Mobile number smal, Address: Building name Address: Sueet Aderess: Suburb ‘Address: City Address. © Box ‘Aoross: Post Ofice ‘Adress: Province Address: County Project name: Project location Currency ‘Avvepied contract ‘sum Including tax ‘Acoepted contract ‘sum including tax in ‘words ‘Signed — ws by signature hereto warrants autnoriy ‘Signed: Dat Signed: Location Signed: Winess Name of witness ‘© Copyright reserves: JECC* Minor Works Agreement, sition 52 May 2018NOTES.