Common use of EXECUTION OF THE WORKS Clause in Contracts

EXECUTION OF THE WORKS. 6.1. The contractor shall, in accordance with the agreement, execute and complete the works shown upon and described in the contract documents and shall provide everything necessary for the proper execution of the works. 6.2. Possession of the site shall be given to the contractor on the date recorded in the schedule who shall thereupon within a reasonable time commence the works and regularly and diligently proceed with and bring the works to practical completion by the date for practical completion as indicated in the schedule subject to any extension of time granted by the employer in terms of 9 hereof and subject to the provision that the contractor shall not be obliged to commence the works until: 6.2.1. the necessary plan and other approvals, consent or other authority required under any law (including any statute, ordinance, by-law and/or regulation) has been obtained by the employer; 6.2.2. the boundary pegs of the property are located and pointed out to the contractor; 6.2.3. the employer has furnished the attorney’s undertaking in terms of 3.3 hereof. 6.2.4. the deposit has been paid by the employer as set out in the schedule 6.3. The contractor shall at all reasonable times keep upon the works a competent person in charge. 6.4. The employer shall not have the right to interfere with, hinder or obstruct any of the contractor’s workmen or other persons employed by or acting on behalf of the contractor. 6.5. The contractor shall order timeously all materials required for the works. In the event of any of the materials required for the works being unavailable such as to cause a possible delay to the progress of the works, the contractor shall notify the employer, who shall select substitute material of a similar quality readily available to the contractor. Any delay so caused to the works shall operate as an extension of time for completion within the meaning of 8 hereof and adjustment to the contract value shall be dealt with in terms of 11.9. 6.6. All work or installations, coordination and the associated risks related to other contractors employed directly by the employer shall be the direct responsibility of the employer. 6.7. The employer acknowledges that there will be construction work in the vicinity of the site and that certain inconvenience may be caused thereby. The contractor shall not be held liable for such inconvenience or any damages that flow there from and shall be entitled, (where necessary) to enter upon the site for purposes of obtaining access to adjacent xxxxx in the course of such construction work.

EXECUTION OF THE WORKS. 6.1. 6.1 The contractor shall, in accordance with the this agreement, execute and complete the works shown upon and described in the contract documents and shall provide everything necessary for the proper execution of the works. 6.2. 6.2 Possession of the site serviced residential erf shall be given to the contractor on the expected date recorded in item 2.4 of the schedule who shall thereupon within a reasonable time commence the works and regularly and diligently proceed with and bring the works to practical completion by the date for practical completion completion, as indicated in the schedule schedule, subject to any extension of time granted by the employer in terms of 9 clause 8 hereof and subject to the provision that the contractor shall not be obliged to commence the works until: 6.2.1. 6.3 the necessary plan and other approvals, consent consent, registration of transfer of the serviced residential erf in the name of the employer, enrolments or other authority required under any law (including any statute, ordinance, by-law and/or regulation) has been obtained by the employeremployer and / or the developer; 6.2.2. 6.3.1 the boundary pegs of the property are located and pointed out to the contractor; 6.2.3. 6.3.2 the employer has furnished the attorney’s undertaking security in terms of 3.3 clause 3.6 and/or clause 3.8 hereof. 6.2.4. 6.3.3 any deposit as provided for as set out in the deposit schedule has been paid by the employer as set out in the scheduleemployer. 6.3. 6.4 The contractor shall at all reasonable times keep upon the works ensure a competent person in chargecharge is present the works as required in terms of the building rules and regulations of the development. 6.4. 6.5 The employer shall not have the right to interfere with, hinder or obstruct any of the contractor’s workmen or other persons employed by or acting on behalf of the contractor. 6.5. 6.6 The contractor shall order timeously all materials required for the worksworks timeously. In the event of any of the materials required for the works being unavailable unavailable, such as to cause a possible delay to the progress of the works, the contractor shall notify the principal agent, who shall, in consultation with the employer, who shall select substitute material of a similar quality readily available to the contractor. Any delay so caused to the works shall operate as an extension of time for completion within the meaning of clause 8 hereof and adjustment hereof. 6.7 No work or installation is to be undertaken on the contract value serviced residential erf at the direction of the employer by any person or entity other than the contractor unless it is undertaken with the written consent of the contractor as arranged through the intervention of the principal agent. If agreed to by the contractor, such person or entity shall be dealt with in terms of 11.9. 6.6. All work or installations, coordination and the associated risks related to other contractors employed directly by the employer employer, and it shall be the direct responsibility of the employeremployer who shall have to accept the associated risks related to such other contractor’s employment, including any delays or damage caused. 6.7. 6.8 The employer acknowledges that there construction work will be construction work undertaken in the vicinity of the site serviced residential erf and that certain inconvenience inconveniences may be caused thereby. The contractor shall not be held liable for such inconvenience or any damages that flow there from therefrom and shall be entitled, (where necessary) to enter upon the site serviced residential erf for purposes of obtaining access to adjacent xxxxx in the course of such construction work.

EXECUTION OF THE WORKS. 6.1. 6.1 The contractor Contractor shall, in accordance with to the agreementreasonable satisfaction of the Employer, execute and complete the works Works shown upon and described in the contract documents and shall provide everything necessary for the proper execution of the worksWorks. 6.2. 6.2 Possession of the site shall be given to the contractor Contractor on the date recorded in the schedule Schedule who shall thereupon within a reasonable time commence begin the works Works and regularly and diligently proceed with and bring the works Works to practical completion by the date for practical completion as indicated recorded in the schedule Schedule subject to any extension of time granted by the employer Employer in terms of 9 8.2 hereof and subject to the provision that the contractor Contractor shall not be obliged obliged, but in the Contractor's discretion entitled to commence the works begin Works until: 6.2.1. 6.2.1 the necessary plan and other approvals, consent or other authority required under any law (including any statute, ordinance, by-law and/or regulation) has been obtained by the employer; 6.2.2. 6.2.2 the boundary pegs of the property are located and pointed out to the contractorContractor, 6.2.3 the mortgage bond, where applicable, has been granted and registered; 6.2.3. 6.2.4 the employer contract sum has furnished been secured to the attorney’s undertaking in terms of 3.3 hereofContractor's satisfaction. 6.2.4. the deposit has been paid by the employer as set out in the schedule 6.3. 6.3 The contractor Contractor shall at all reasonable times keep upon the works Works a competent person in charge. 6.4. 6.4 The employer Employer shall not have the right to interfere with, hinder or obstruct any of the contractor’s Contractor's workmen or other persons employed by or acting on behalf of the contractorContractor. 6.5. 6.5 The contractor employer shall order timeously provide the Contractor with his selection of all materials required for materials/finishes in writing within 14 days of being requested to do so by the works. In the event of any of the materials required for the works being unavailable such as to cause a possible delay to the progress of the works, the contractor shall notify the employer, who shall select substitute material of a similar quality readily available to the contractorContractor in writing. Any delay so caused to the works Works as a result of the Employer failing to provide his said selection of materials/finishes within the time specified above, shall operate as an extension of time for completion within the meaning of 8 8.0 hereof and adjustment any difference in price relating to said selection of materials/finishes shall be for the account of the Employer which he shall settle in full at the same time that he settles the next payment due to the contract value Contractor as per the Progress Payment Schedule attached marked "Annexure 3" 6.6 Where the work involves demolition and/or alterations to existing premises then, unless specifically agreed, any materials or goods which are to be demolished or removed from the existing premises and which are not designated for re-use shall be dealt with in terms become the property of 11.9the Contractor. 6.6. All work or installations, coordination and the associated risks related to other contractors employed directly by the employer shall be the direct responsibility of the employer. 6.7. The employer acknowledges that there will be construction work 6.7 If materials mentioned in the vicinity Schedule of Finishes is not easily available or where the site and that certain inconvenience may be caused thereby. The contractor shall not be held liable for such inconvenience or any damages that flow there from and architect specifies other materials, the Contractor shall be entitled, (where necessary) but not obliged, to enter upon use similar materials or those materials specified by the site for purposes of obtaining access to adjacent xxxxx in the course of such construction workDesign.

EXECUTION OF THE WORKS. 6.1. 2.1 The contractor Contractor shall, in accordance with to the agreementreasonable satisfaction of the Employer, execute and complete the works Works shown upon and described in the contract documents and Contract Documents; 2.2 The Contractor shall provide everything necessary for the proper execution of the works.Works; 6.2. Possession of 2.3 Reasonable access to the site Property shall be given to the contractor on Contractor after approval by the date recorded in Employer of the schedule who building plans, at which stage the Contractor shall thereupon within a reasonable time commence begin the works Works and regularly and diligently proceed with and bring the works Works to practical completion Practical Completion by the occupation date for practical completion agreed with the Employer, or such extended date as indicated in the schedule subject to any extension of time granted may be agreed by the employer Parties in terms of 9 hereof and subject to the provision that the contractor writing. The Contractor shall not be obliged to commence the works Works until: 6.2.1. the 2.3.1 The necessary building plan and other approvals, consent or other authority required under any law (including any statute, ordinance, by-law and/or regulation) has have been obtained by the employerContractor; 6.2.2. the boundary pegs of the property are located 2.3.2 The mortgage bond, where applicable, has been granted and pointed out to the contractorregistered; 6.2.3. the employer 2.3.3 The Employer has furnished the attorney’s undertaking payment guarantee(s) referred to in terms the Offer to Purchase; The Contractor may, however, at his own risk, elect to commence the Works prior to fulfilment of 3.3 hereofany of the requirements referred to in Clauses 2.3.1 to 2.3.3. 6.2.4. the deposit has been paid by the employer as set out in the schedule 6.3. 2.4 The contractor Contractor shall at all reasonable times keep upon the works a competent person in charge.charge of the Works; 6.4. 2.5 The employer Employer shall not have the right to break down work, issue instructions to, or interfere with, hinder or obstruct any of the contractorContractor’s workmen workmen, any sub-Contractors employed on the Property or other persons employed by by, or acting on behalf of of, the contractor.Contractor; 6.5. 2.6 The contractor Contractor shall timeously order timeously all materials required for the worksWorks. In the event of that any of the materials required set out in the Specifications become unavailable, or are in short supply for an extended period, then the works being unavailable such as to cause a possible delay to the progress of the works, the contractor shall notify the employer, who Employer shall select substitute material of a similar quality from amongst like materials readily available to and procurable by the contractorContractor. Any delay Material selected by the Employer must be available from suppliers during the week that it is needed, and any difference in price shall be for the account of the Employer. The Contractor will not stock or purchase material in advance. If the Employer requires certain material to be purchased in advance, and stored by the supplier, he may do so caused at his own cost and risk. It is advised that for certain materials, (for example, tiles), the quantity reserved be increased by 10% (ten percent) to cover breakages, and to provide for the possibility that the materials chosen become unavailable. Amounts refundable to the works Employer in respect of material purchases for which the Employer has paid will be deducted from the progress payment following installation or use of such materials; 2.7 The Employer shall operate as an extension of time not visit the construction site during the week unless specifically arranged with the Contractor or the agent concerned. Requests for completion within such visits will only be granted in exceptional cases. The Employer may visit the meaning of 8 hereof and adjustment to construction site on weekends for consultations, provided that the contract value shall be dealt prior arrangements have been made with in terms of 11.9.the Contractor or the agent concerned; 6.6. All work or installations, coordination and 2.8 No sub-contractors other than the associated risks related to other sub-contractors employed directly used by the employer shall Contractor will be allowed on the direct responsibility construction site before occupation of the employer. 6.7dwelling. The employer acknowledges In the event that there other sub-contractors are necessary, or the Employer prefers the Contractor to use a specific sub-contractor (for example: skylights, swimming pools, garden service, security gates etc), such requests will be construction work in considered by the vicinity of the site Contractor, and that certain inconvenience may be caused thereby. The contractor shall not be held liable for such inconvenience or any damages that flow there from and shall be entitlednegotiated by the Parties to this agreement, (where necessary) to enter upon in conjunction with the site for purposes of obtaining access to adjacent xxxxx in the course of such construction workagent concerned.