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1. Parties: Identification of the contracting parties including the Employer and Contractor, with their full legal names and registration details
2. Background: Context of the original construction contract, key dates, project description, and circumstances leading to termination
3. Definitions: Definitions of key terms used in the agreement, including references to terms from the original construction contract
4. Termination Date and Effect: Specified date of termination and its immediate effects on the contractual relationship
5. Works Status and Handover: Current status of construction works, completion percentage, and process for handover of the site
6. Payment Settlement: Final account settlement, including outstanding payments, retention amounts, and agreed adjustments
7. Materials and Equipment: Handling of construction materials on site, equipment removal, and transfer of ownership where applicable
8. Documentation and Records: Requirements for handover of project documentation, drawings, permits, and warranties
9. Release and Discharge: Mutual release from obligations under the original contract, subject to specified exceptions
10. Survival of Terms: Identification of original contract terms that survive termination
11. Confidentiality: Obligations regarding confidential information and project details
12. Governing Law and Jurisdiction: Confirmation of South African law as governing law and jurisdiction for disputes
1. Subcontractor Arrangements: Required when there are existing subcontractor relationships that need to be addressed
2. Dispute Resolution: Detailed dispute resolution procedures, necessary when parties anticipate specific disputes or want a custom resolution process
3. Insurance and Bonds: Include when there are specific insurance policies or performance bonds that need to be addressed
4. Intellectual Property Rights: Required when the project involves significant design elements or proprietary information
5. Environmental Obligations: Include when there are specific environmental considerations or obligations that survive termination
6. Labor and Employment Matters: Necessary when termination affects employment contracts or labor arrangements
7. Warranties and Guarantees: Include when there are specific warranties that need to be addressed or transferred
8. Anti-Corruption Compliance: Required when there are specific compliance requirements or concerns
1. Schedule A - Project Details: Detailed description of the project scope and status at termination
2. Schedule B - Financial Settlement Statement: Detailed breakdown of final account, including all claims and payments
3. Schedule C - Outstanding Works List: List of incomplete works and their status at termination
4. Schedule D - Site Inventory: Inventory of materials, equipment, and other assets on site
5. Schedule E - Required Handover Documentation: List of all documents, certificates, and records to be handed over
6. Appendix 1 - Site Handover Protocol: Detailed procedure for handover of the construction site
7. Appendix 2 - Outstanding Defects List: List of known defects and agreed remedial actions
8. Appendix 3 - Surviving Warranties: Details of warranties and guarantees that survive termination
Original Contract
Commencement Date
Completion Date
Construction Works
Contract Documents
Contract Price
Contractor
Defects
Employer
Final Account
Handover Date
Intellectual Property Rights
Material Breach
Outstanding Works
Parties
Performance Security
Practical Completion
Principal Agent
Project
Project Site
Retention Money
Settlement Amount
Site Materials
Specifications
Subcontractor
Substantial Completion
Termination Date
Termination Payment
Variation Orders
Works
Construction Equipment
As-Built Drawings
Certificates
Claims
Confidential Information
Construction Documents
Dispute
Force Majeure
Good Industry Practice
Guarantee
Latent Defects
Patent Defects
Professional Team
Project Manager
Quality Standards
Quantity Surveyor
Release Date
Remedial Works
Site Access
Surviving Obligations
Technical Specifications
Warranties
Definitions
Termination
Payment and Settlement
Site Handover
Materials and Equipment
Documentation
Intellectual Property
Confidentiality
Warranties
Indemnification
Insurance
Release and Discharge
Dispute Resolution
Force Majeure
Notice
Assignment
Subcontractors
Health and Safety
Environmental Compliance
Labor and Employment
Performance Security
Defects Liability
Site Security
Quality Assurance
Regulatory Compliance
Anti-Corruption
Governing Law
Jurisdiction
Severability
Entire Agreement
Amendment
Waiver
Costs
Time Periods
Good Faith
Survival
Third Party Rights
Representations and Warranties
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Development
Mining
Energy
Healthcare
Education
Hospitality
Retail
Government/Public Sector
Legal
Operations
Construction
Project Management
Commercial
Finance
Procurement
Risk and Compliance
Technical Services
Contract Administration
Construction Manager
Project Director
Contract Manager
Legal Counsel
Chief Operations Officer
Project Manager
Quantity Surveyor
Site Manager
Commercial Director
Risk Manager
Procurement Manager
Financial Controller
Technical Director
Compliance Officer
Construction Director
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