WORKS AND COMPLETION Sample Clauses
WORKS AND COMPLETION. 5.1 The OWNER acknowledges that he has inspected the building plan and the specifications attached hereto (which shall both form part of this agreement), for the type of house and outbuildings, (if any), to be constructed as the Works.
5.2 Notwithstanding the meaning of “building plan” or “specifications” as defined in the relevant sub-clauses to clause 1, the parties specifically agree that the CONTRACTOR shall be entitled to adapt or amend the building plan and/or the specifications in any way which the CONTRACTOR considers necessary in its sole and absolute discretion:
5.2.1 to meet any or all the requirements of any competent authority;
5.2.2 to meet any special features of the property not taken into account by the Architect;
5.2.3 to meet any special impediments such as water, sewer or electrical lines either above or underground, or any rock, geological or other soil condition which were not known or apparent at the design stage of the Works;
5.2.4 to give effect to any changes in materials, finishes or fittings which may not be readily available at the time due to a shortage in supply of such materials, finishes or fittings, without however detracting from the quality of the Works;
5.3 Any such adaptation in terms of the above clause 5.2 shall be deemed to be the building plan and/or specifications agreed upon between the parties it being specifically agreed that under no circumstances will any alterations or additions be accepted by the CONTRACTOR at the insistence or request of the OWNER once the bond application has been approved, except when a written Variation Order which includes prices have been agreed to and signed by the parties.
5.4 The OWNER hereby irrevocably appoints the CONTRACTOR as his agent to apply for and obtain such approvals, consents or authorisations as may be required for approval of the building plan.
5.5 The CONTRACTOR shall begin the Works within a reasonable time after the signing of this agreement, having regard to its other building commitments, provided that it shall not be obliged to begin the Works unless and until receipt of :
5.5.1 proof to the satisfaction of the CONTRACTOR that an adequate building loan has been raised and the bond referred to in clause 7 registered or, in the instance of a shortfall or a cash transaction, that the OWNER is financially able to meet his commitments in terms of this contract and has made arrangements acceptable to the CONTRACTOR for payment of the contract price; and
5.5.2 all the...
WORKS AND COMPLETION. 5.1 The Owner acknowledges that he has inspected the building plan and the specification attached hereto (which shall both form part of this agreement) for the type of house and outbuildings (if any) to be constructed the Works. Save for the provisions of clause 5.2 below, the Owner, because of this, acknowledges and agrees that once these building plan and specification have been finalised between the Owner and the Building Contractor, no further amendments of whatsoever nature may be made to the building plan and specification unless mutually agreed by the Building Contractor and the Owner.
5.2 Notwithstanding the meaning of "building plan" or "specification" as defined in clause 1, the parties expressly agree that the Building Contractor shall be entitled to adapt or amend the building plan and the specification which the Building Contractor considers necessary. Where necessary, this will be done in consultation with the Architect and Owner:
5.2.1 to meet any or all the requirements of any competent authority.
5.2.2 to meet any special features of the land not considered by the architect.
5.2.3 to meet any unique impediments such as water, sewer, or electrical lines either above or underground, or any rock, geological or other soil condition which were not known or apparent at the design stage of the Works.
5.2.4 to give effect to any changes in materials, finishes or fittings which may not be readily available at the time due to a shortage in supply of such materials, finishes or fittings, without however detracting from the quality and aesthetics of the Works.
5.3 As a result of this, the Owner irrevocably appoints the Building Contractor or its nominee as his agent to apply for and obtain such approvals, consents, or authorisations as may be required for the building plan's approval.
5.3.1 the Owner has furnished acceptable proof to the satisfaction of the Building Contractor that an adequate building loan has been raised and the bond referred to in clause 7 registered or, in the instance of a cash transaction, that the Owner is financially able to meet his commitments in terms of this contract and has planned acceptable to the Building Contractor for payment of the contract price; and
5.3.2 all the required consents, approvals or authorisations have been obtained.
5.3.3 The final sketch plan, building plan, specifications and associated cost variations have been approved.
5.4 Subject to any reasonable extension/s permitted, the Building Contractor s...