Common use of WORKS AND COMPLETION Clause in Contracts

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 required consents, approvals or authorisations have been obtained; 5.5.3 final sketch plan and associated cost variations have been approved; 5.5.4 the property is registered in the name of the OWNER. 5.6 Subject to any reasonable extension/s permitted, the CONTRACTOR shall endeavour to complete the Works within 150 (one hundred and fifty) days from the commencement date. It is specifically agreed that the CONTRACTOR shall not be liable for any damages which may be suffered by the OWNER, should the Works not be completed within this time period for any reason beyond the control of the CONTRACTOR as set out in clause 5.7 hereafter. 5.7 Should the completion of the Works be delayed by any cause whatsoever including any natural or unavoidable catastrophic event or building industry holidays, whether statutory or generally recognised as customary in the industry, which may fall within the contract period, or in the event of any dispute, strike, lockout, squatting, invasion or any other situation causing delay, then the CONTRACTOR shall be entitled to a fair and reasonable extension of time for the completion of the Works and the OWNER shall not for that reason have any claim against the CONTRACTOR, whether for damages or otherwise. 5.8 Any unfixed materials required for the Works and delivered to the property shall not become the property of the OWNER until they have been paid for. Excess material delivered to the property shall remain the property of the CONTRACTOR. 5.9 The OWNER shall on demand be responsible for entering into any agreement or into any other arrangement that may be required for the supply of water and electricity to the property. The OWNER will be liable for payment of any deposit that must be paid to the municipality to connect the electricity supply to the Property. 5.10 The CONTRACTOR shall in its sole discretion and at its option be entitled to postpone the commencement date of the building Works for any period of time should : 5.10.1 the building plans and/or any other approvals and consents to be obtained from the local authority not have been obtained within ninety (90) days from date of signature hereof by the CONTRACTOR; 5.10.2 at any time prior to or during the construction period, circumstances arise which make it difficult or impossible for the CONTRACTOR to proceed with the Works such as political upheaval, riots, squatting, invasion, boycotts, strikes, lock-outs or any other situation which may be dangerous for the general safety of the CONTRACTOR or any of its workers, servants or sub-contractors; 5.11 On the happening of any of the events set out in clause 5.10, the OWNER shall have no claim whatsoever against the CONTRACTOR for damages. It is specifically agreed that the CONTRACTOR's rights as contemplated in clause 5.10 will not cause or affect the acquisition of the property or entitle the OWNER to cancel this agreement. 5.12 Notwithstanding any diagram, sketch or plan which may have been annexed hereto and which indicate the position of the Works in relation to the erf boundaries, the actual siting, orientation or positioning of the Works in relation to the erf boundaries shall always remain within the sole and absolute discretion of the CONTRACTOR. 5.13 Notwithstanding anything elsewhere provided for in this Agreement all amounts owing in terms of this Agreement which have not already been paid in terms of the provisions of this Agreement shall forthwith become payable on the handover date. 5.14 The risk in the Works shall pass wholly and entirely to the OWNER as from the handover date. 5.15 On the handover date the CONTRACTOR and OWNER will attend a joint site inspection and the OWNER will thereafter have a period of 14 (fourteen) days to draw up a snag list to be attached to the Final Completion Form after completion or rectification of the snags listed. 5.16 The CONTRACTOR will rectify or complete the minor works / snags as contained in the snag list within a reasonable time from date of receipt thereof from the OWNER. 5.17 Any dispute as to whether the said snags have been satisfactorily repaired or completed or carried out by the CONTRACTOR, shall be referred to the Architect acting as an expert and not as an arbitrator and his decision shall be final and binding on the parties. 5.18 Should the OWNER fail to submit the Minor Works / Snags list within the aforesaid period, it shall be deemed that the OWNER has accepted that the Works have been completed in a proper and workmanlike manner and are in proper condition and state of repair in all respects and the CONTRACTOR shall have no further obligation towards the OWNER in terms hereof, save for the guarantees contained in the Housing Consumer Protection Measures Act.

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 aforegoing 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 required consents, approvals or authorisations have been obtained; 5.5.3 final sketch plan and associated cost variations have been approved; 5.5.4 the property is registered in the name of the OWNER. 5.6 Subject to any reasonable extension/s permitted, the CONTRACTOR shall endeavour to complete the Works within 150 (one hundred and fifty) days from the commencement date. It is specifically agreed that the CONTRACTOR shall not be liable for any damages which may be suffered by the OWNER, should the Works not be completed within this time period for any reason beyond the control of the CONTRACTOR as set out in clause 5.7 hereafter. 5.7 Should the completion of the Works be delayed by any cause whatsoever including any natural or unavoidable catastrophic event or building industry holidays, whether statutory or generally recognised as customary in the industry, which may fall within the contract period, or in the event of any dispute, strike, lockout, squatting, invasion or any other situation causing delay, then the CONTRACTOR shall be entitled to a fair and reasonable extension of time for the completion of the Works and the OWNER shall not for that reason have any claim against the CONTRACTOR, whether for damages or otherwise. 5.8 Any unfixed materials required for the Works and delivered to the property shall not become the property of the OWNER until they have been paid for. Excess material delivered to the property shall remain the property of the CONTRACTOR. 5.9 The OWNER shall on demand be responsible for entering into any agreement or into any other arrangement that may be required for the supply of water and electricity to the property. The OWNER will be liable for payment of any deposit that must be paid to the municipality to connect the electricity supply to the Property. 5.10 The CONTRACTOR shall in its sole discretion and at its option be entitled to postpone the commencement date of the building Works for any period of time should : 5.10.1 the building plans and/or any other approvals and consents to be obtained from the local authority not have been obtained within ninety (90) days from date of signature hereof by the CONTRACTOR; 5.10.2 at any time prior to or during the construction period, circumstances arise which make it difficult or impossible for the CONTRACTOR to proceed with the Works such as political upheaval, riots, squatting, invasion, boycotts, strikes, lock-outs or any other situation which may be dangerous for the general safety of the CONTRACTOR or any of its workers, servants or sub-contractors; 5.11 On the happening of any of the events set out in clause 5.10, the OWNER shall have no claim whatsoever against the CONTRACTOR for damages. It is specifically agreed that the CONTRACTOR's rights as contemplated in clause 5.10 will not cause or affect the acquisition of the property or entitle the OWNER to cancel this agreement. 5.12 Notwithstanding any diagram, sketch or plan which may have been annexed hereto and which indicate the position of the Works in relation to the erf boundaries, the actual siting, orientation or positioning of the Works in relation to the erf boundaries shall always remain within the sole and absolute discretion of the CONTRACTOR. 5.13 Notwithstanding anything elsewhere provided for in this Agreement all amounts owing in terms of this Agreement which have not already been paid in terms of the provisions of this Agreement shall forthwith become payable on the handover date. 5.14 The risk in the Works shall pass wholly and entirely to the OWNER as from the handover date. 5.15 On the handover date the CONTRACTOR and OWNER will attend a joint site inspection and the OWNER will thereafter have a period of 14 (fourteen) days to draw up a snag list to be attached to the Final Completion Form after completion or rectification of the snags listed. 5.16 The CONTRACTOR will rectify or complete the minor works / snags as contained in the snag list within a reasonable time from date of receipt thereof from the OWNER. 5.17 Any dispute as to whether the said snags have been satisfactorily repaired or completed or carried out by the CONTRACTOR, shall be referred to the Architect acting as an expert and not as an arbitrator and his decision shall be final and binding on the parties. 5.18 Should the OWNER fail to submit the Minor Works / Snags list within the aforesaid period, it shall be deemed that the OWNER has accepted that the Works have been completed in a proper and workmanlike manner and are in proper condition and state of repair in all respects and the CONTRACTOR shall have no further obligation towards the OWNER in terms hereof, save for the guarantees contained in the Housing Consumer Protection Measures Act.

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 aforegoing 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 required consents, approvals or authorisations have been obtained; 5.5.3 final sketch plan and associated cost variations have been approved; 5.5.4 the property is registered in the name of the OWNER. 5.6 Subject to any reasonable extension/s permitted, the CONTRACTOR shall endeavour to complete the Works within 150 (one hundred and fifty) days from the commencement date. It is specifically agreed that the CONTRACTOR shall not be liable for any damages which may be suffered by the OWNER, should the Works not be completed within this time period for any reason beyond the control of the CONTRACTOR as set out in clause 5.7 hereafter. 5.7 Should the completion of the Works be delayed by any cause whatsoever including any natural or unavoidable catastrophic event or building industry holidays, whether statutory or generally recognised as customary in the industry, which may fall within the contract period, or in the event of any dispute, strike, lockout, squatting, invasion or any other situation causing delay, then the CONTRACTOR shall be entitled to a fair and reasonable extension of time for the completion of the Works and the OWNER shall not for that reason have any claim against the CONTRACTOR, whether for damages or otherwise. 5.8 Any unfixed materials required for the Works and delivered to the property shall not become the property of the OWNER until they have been paid for. Excess material delivered to the property shall remain the property of the CONTRACTOR. 5.9 The OWNER shall on demand be responsible for entering into any agreement or into any other arrangement that may be required for the supply of water and electricity to the property. The OWNER will be liable for payment of any deposit that must be paid to the municipality to connect the electricity supply to the Property. 5.10 The CONTRACTOR shall in its sole discretion and at its option be entitled to postpone the commencement date of the building Works for any period of time should : 5.10.1 the building plans and/or any other approvals and consents to be obtained from the local authority not have been obtained within ninety (90) days from date of signature hereof by the CONTRACTOR; 5.10.2 at any time prior to or during the construction period, circumstances arise which make it difficult or impossible for the CONTRACTOR to proceed with the Works such as political upheaval, riots, squatting, invasion, boycotts, strikes, lock-outs or any other situation which may be dangerous for the general safety of the CONTRACTOR or any of its workers, servants or sub-contractors; 5.11 On the happening of any of the events set out in clause 5.10, the OWNER shall have no claim whatsoever against the CONTRACTOR for damages. It is specifically agreed that the CONTRACTOR's rights as contemplated in clause 5.10 will not cause or affect the acquisition of the property or entitle the OWNER to cancel this agreement. 5.12 Notwithstanding any diagram, sketch or plan which may have been annexed hereto and which indicate the position of the Works in relation to the erf boundaries, the actual siting, orientation or positioning of the Works in relation to the erf boundaries shall always remain within the sole and absolute discretion of the CONTRACTOR. 5.13 Notwithstanding anything elsewhere provided for in this Agreement all amounts owing in terms of this Agreement which have not already been paid in terms of the provisions of this Agreement shall forthwith become payable on the handover date. 5.14 The risk in the Works shall pass wholly and entirely to the OWNER as from the handover date. 5.15 On the handover date the CONTRACTOR and OWNER will attend a joint site inspection and the OWNER will thereafter have a period of 14 (fourteen) days to draw up a snag list to be attached to the Final Completion Form after completion or rectification of the snags listedForm. 5.16 The CONTRACTOR will rectify or complete the minor works / snags as contained in the snag list within a reasonable time from date of receipt thereof 14 (fourteen) days from the OWNERhandover date. 5.17 Any dispute as to whether the said snags have been satisfactorily repaired or completed or carried out by the CONTRACTOR, shall be referred to the Architect acting as an expert and not as an arbitrator and his decision shall be final and binding on the parties. 5.18 Should the OWNER fail to submit the Minor Works / Snags list within the aforesaid period, it shall be deemed that the OWNER has accepted that the Works have been completed in a proper and workmanlike work manlike manner and are in proper condition and state of repair in all respects and the CONTRACTOR shall have no further obligation towards the OWNER in terms hereof, save for the guarantees contained in the Housing Consumer Protection Measures Act.

WORKS AND COMPLETION. 5.1 The OWNER Owner acknowledges that he has inspected the building draft drawings plan and the specifications specification attached hereto (which shall both form part of this agreement), ) for the type of building, house and outbuildings, (if any), to be constructed as the Worksworks. 5.2 Notwithstanding the meaning of “building ‘drawing plan” ’ or “specifications” ‘specification’ as defined in the relevant sub-clauses to clause 1, the parties specifically agree that the CONTRACTOR Contractor shall be entitled to adapt or amend the building drawing plan and/or and\or the specifications specification in any way which the CONTRACTOR 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 a foregoing clause 5.2 shall be deemed to be the building drawing plan and/or specifications and\or specification agreed upon between the parties it being specifically agreed that under no circumstances will any alterations or additions be accepted acceptable by the CONTRACTOR Contractor at the insistence or request of the OWNER 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 partiesparties in writing. 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 Contractor shall begin the Works works “commencement” 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 payment have been made unless: 5.5.1 5.4.1 the Owner has furnished adequate 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, Contractor that the OWNER 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 pricecontract; and 5.5.2 5.4.2 all the required consents, approvals or and authorisations have been obtained; 5.5.3 final sketch plan and associated cost variations have been approved; 5.5.4 the property is registered in the name of the OWNER. 5.6 Subject 5.4.3 In the event where the client supplies the drawings to the Contractor. The Contractor shall accept the drawings as accurate and shall manufacture accordingly. Should there be any reasonable extension/s permittedfault due to the drawings, the CONTRACTOR shall endeavour to complete the Works within 150 (one hundred and fifty) days from the commencement date. It is specifically agreed that the CONTRACTOR Contractor shall not be liable for any damages which may and the owner shall be suffered by the OWNER, should the Works not be completed within this time period liable for any reason beyond the control of the CONTRACTOR as set out in clause 5.7 hereafteradditional expenses. 5.7 5.5 Should the completion of the Works works be delayed by any cause whatsoever including any natural or unavoidable catastrophic event or building industry holidays, whether statutory or generally recognised as customary in the industry, which may fall within the contract period, or in the event of any dispute, strike, lockout, squatting, invasion or any other situation causing delay, then the CONTRACTOR Contractor shall be entitled to a fair and reasonable extension of time for the completion of the Works works and the OWNER Owner shall not for that reason have any claim against the CONTRACTORContractor, whether for damages or otherwise. 5.8 5.6 Any unfixed materials required for the Works works and delivered to the property land shall not become the property of the OWNER owner until they have been paid for. Excess material delivered to the property land shall remain the property of the CONTRACTORContractor. 5.9 The OWNER shall on demand be responsible for entering into any agreement or into any other arrangement that may be required for the supply of water and electricity to the property. The OWNER will be liable for payment of any deposit that must be paid to the municipality to connect the electricity supply to the Property. 5.10 The CONTRACTOR shall in its sole discretion and at its option be entitled to postpone the commencement date of the building Works for any period of time should : 5.10.1 the building plans and/or any other approvals and consents to be obtained from the local authority not have been obtained within ninety (90) days from date of signature hereof by the CONTRACTOR; 5.10.2 at any time prior to or during the construction period, circumstances arise which make it difficult or impossible for the CONTRACTOR to proceed with the Works such as political upheaval, riots, squatting, invasion, boycotts, strikes, lock-outs or any other situation which may be dangerous for the general safety of the CONTRACTOR or any of its workers, servants or sub-contractors; 5.11 On the happening of any of the events set out in clause 5.10, the OWNER shall have no claim whatsoever against the CONTRACTOR for damages. It is specifically agreed that the CONTRACTOR's rights as contemplated in clause 5.10 will not cause or affect the acquisition of the property or entitle the OWNER to cancel this agreement. 5.12 Notwithstanding any diagram, sketch or plan which may have been annexed hereto and which indicate the position of the Works in relation to the erf boundaries, the actual siting, orientation or positioning of the Works in relation to the erf boundaries shall always remain within the sole and absolute discretion of the CONTRACTOR. 5.13 Notwithstanding anything elsewhere provided for in this Agreement all amounts owing in terms of this Agreement which have not already been paid in terms of the provisions of this Agreement shall forthwith become payable on the handover date. 5.14 The risk in the Works shall pass wholly and entirely to the OWNER as from the handover date. 5.15 On the handover date the CONTRACTOR and OWNER will attend a joint site inspection and the OWNER will thereafter have a period of 14 (fourteen) days to draw up a snag list to be attached to the Final Completion Form after completion or rectification of the snags listed. 5.16 The CONTRACTOR will rectify or complete the minor works / snags as contained in the snag list within a reasonable time from date of receipt thereof from the OWNER. 5.17 Any dispute as to whether the said snags have been satisfactorily repaired or completed or carried out by the CONTRACTOR, shall be referred to the Architect acting as an expert and not as an arbitrator and his decision shall be final and binding on the parties. 5.18 Should the OWNER fail to submit the Minor Works / Snags list within the aforesaid period, it shall be deemed that the OWNER has accepted that the Works have been completed in a proper and workmanlike manner and are in proper condition and state of repair in all respects and the CONTRACTOR shall have no further obligation towards the OWNER in terms hereof, save for the guarantees contained in the Housing Consumer Protection Measures Act.