Validated for 1 CPD Point CESA-1595-05/2022
JBCC Contract Edition 6.2 available on request at cost
The JBCC contract is recognised by the Construction Industry Development Board (CIDB) as one of the four contracts for use in public sector contracts in South Africa and it has been adopted by many government and private sector agencies undertaking building work. The contract is not without its critics, however, and some argue that the contract has been changed too often since its publication in 2000.
In this one-day seminar, we consider key provisions in the JBCC contracts and discuss both the positive aspects of the contracts and its flaws.
The seminar considers areas that may create risk, areas that are dealt with in a particularly good or in an unusual manner, and areas that delegates should be aware of when working with the contracts.
Material is presented in an interactive manner, trough case studies and practical examples.
- Contractor’s Team: The obligation to appoint a Contractor’s Representative and the Contractor’s wide liability for personnel.
- Works Risk and Insurance: Who is responsible for the care of the works, including potential risks which the contracts may expose the parties to; The requirements which JBCC places on the parties with respect to insurance;
- Instructions: Who may issue instructions, when these may be issued, what form these must take and how the Contractor is to be paid for instructions which increase the value of the work;
- Subcontractors: The different types of subcontractor and the Contractor’s liability for their work;
- The risks when making direct payment to nominated subcontractors
- The Contractor’s responsibility for the work of nominated subcontractors
- Completion: Stages of completion under JBCC
- Some difficulties with the Practical Completion and Final Completion processes;
- The Contractor’s liability for latent defects;
- Extensions of Time: When the Contractor will get a revision to the date of practical completion and when the revised date brings additional money with it;
- Payment: The process for getting payment and the consequences if the Employer does not pay on time;
- Termination: When the parties may terminate the contract and what the consequences of termination are;
- Disputes: JBCC’s process for dealing with disputes.
WHO SHOULD ATTEND
- Project Managers
- Contractors and Subcontractors
- Architects, Consultants
- Contract Administrators
- Legal Practitioners in the Construction Industry
- Financial Managers
This workshop focuses on the current latest version of the JBCC Contracts. In this workshop we critically evaluate the JBCC Contracts and focus on clauses which would lead to difficulties when they are applied on site. Once you have completed this workshop you should: In particular, you should gain an understanding of the following important contractual matters:
- Be aware of the different documents in the JBCC family, and the intended purpose of each
- Be aware of the structure of the JBCC documents
- Have an understanding of areas which call for special attention to when contracting under JBCC.
Definitions: The importance of the definitions section and possible dangers in the definitions.
Notices: Pitfalls around the service of notices and how to avoid problems when serving notices:
- Security: The different forms of security and some difficulties to be aware of when choosing
- The difference between retention and the payment reduction
- The Contractor’s lein and the payment guarantee.
Employer’s Team: The members of the Employer’s team are and their responsibilities with particular awareness of the role of the Principal Agent.