The Simple Construction Contract serves as a foundational agreement for construction projects in South Africa, particularly suited for straightforward building works and renovations. It is designed to comply with South African construction legislation, including the Construction Industry Development Board Act and Occupational Health and Safety Act. This document is ideal for projects where a comprehensive JBCC or FIDIC contract might be too complex, but where proper legal protection and project structure are still required. The contract includes essential elements such as scope of work, payment terms, timelines, and quality requirements, while maintaining accessibility for small to medium-sized construction projects. It's particularly useful for private sector construction works where a balanced, straightforward agreement is needed between the contractor and employer.
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1. Parties: Identification and details of the Contractor and the Employer/Client
2. Background: Context of the construction project and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the contract
4. Scope of Work: Detailed description of the construction work to be performed
5. Contract Price and Payment Terms: Amount to be paid and payment schedule, including provisions for variations
6. Duration and Programme: Project timeline, completion date, and key milestones
7. Contractor's Obligations: Key responsibilities of the contractor including quality standards and compliance requirements
8. Employer's Obligations: Key responsibilities of the employer including site access and information provision
9. Health and Safety: Safety requirements and compliance with OHS Act
10. Quality Control: Standards, inspections, and approval processes
11. Variations: Process for handling changes to the scope of work
12. Defects and Warranties: Defects liability period and warranty terms
13. Insurance and Indemnity: Required insurance coverage and indemnification provisions
14. Termination: Grounds and process for contract termination
15. Dispute Resolution: Process for resolving disputes between parties
16. General Provisions: Standard contractual clauses including notices, governing law, etc.
1. Environmental Management: Required when the project has significant environmental implications or requires environmental permits
2. Subcontractors: Include when subcontractors will be used, specifying approval requirements and liability
3. Performance Security: Include when performance bonds or guarantees are required
4. Local Content Requirements: Required for projects subject to local content or BBBEE requirements
5. Material Storage and Security: Include for projects requiring significant on-site material storage
6. Utilities and Services: Include when temporary or permanent utilities arrangements need specification
7. Force Majeure: Include detailed force majeure provisions for larger projects or areas prone to specific risks
1. Schedule 1: Scope of Works: Detailed technical specifications and drawings
2. Schedule 2: Bill of Quantities: Itemized list of materials, quantities, and rates
3. Schedule 3: Project Timeline: Detailed project program including milestones
4. Schedule 4: Payment Schedule: Detailed breakdown of payment installments and timing
5. Schedule 5: Site Information: Site details, access points, and relevant site conditions
6. Schedule 6: Required Insurance: Detailed insurance requirements and coverage levels
7. Appendix A: Health and Safety Specifications: Detailed health and safety requirements and procedures
8. Appendix B: Quality Control Requirements: Detailed quality standards and testing requirements
9. Appendix C: Required Permits and Certificates: List of required regulatory approvals and certificates
Relevant legal definitions
Agreement
Approval
Bill of Quantities
Certificate of Completion
Commencement Date
Completion Date
Construction Period
Contract Documents
Contract Price
Contractor
Day
Defects
Defects Liability Period
Drawings
Employer
Extension of Time
Final Completion
Force Majeure
Health and Safety Plan
Local Authority
Materials
Parties
Payment Certificate
Practical Completion
Project
Project Manager
Quality Standards
Retention Money
Site
Specifications
Subcontractor
Variation
Works
Approval
Bill of Quantities
Certificate of Completion
Commencement Date
Completion Date
Construction Period
Contract Documents
Contract Price
Contractor
Day
Defects
Defects Liability Period
Drawings
Employer
Extension of Time
Final Completion
Force Majeure
Health and Safety Plan
Local Authority
Materials
Parties
Payment Certificate
Practical Completion
Project
Project Manager
Quality Standards
Retention Money
Site
Specifications
Subcontractor
Variation
Works
Clauses
Interpretation
Scope of Work
Contract Price
Payment Terms
Duration
Site Access
Materials and Equipment
Quality Standards
Health and Safety
Contractor Obligations
Employer Obligations
Variations
Extensions of Time
Defects Liability
Insurance
Indemnification
Performance Security
Subcontracting
Project Management
Testing and Inspection
Completion
Warranties
Risk and Title
Force Majeure
Suspension
Termination
Dispute Resolution
Notices
Governing Law
Assignment
Entire Agreement
Scope of Work
Contract Price
Payment Terms
Duration
Site Access
Materials and Equipment
Quality Standards
Health and Safety
Contractor Obligations
Employer Obligations
Variations
Extensions of Time
Defects Liability
Insurance
Indemnification
Performance Security
Subcontracting
Project Management
Testing and Inspection
Completion
Warranties
Risk and Title
Force Majeure
Suspension
Termination
Dispute Resolution
Notices
Governing Law
Assignment
Entire Agreement
Relevant Industries
Construction
Real Estate
Property Development
Infrastructure
Residential Development
Commercial Property
Industrial Development
Retail Development
Education (for school/university construction)
Healthcare (for medical facility construction)
Relevant Teams
Legal
Construction
Project Management
Operations
Procurement
Risk and Compliance
Property Development
Facilities Management
Commercial
Health and Safety
Relevant Roles
Construction Manager
Project Manager
Site Supervisor
Quantity Surveyor
Contract Manager
Legal Counsel
Property Developer
Facilities Manager
Procurement Manager
Risk Manager
Commercial Director
Operations Manager
Health and Safety Officer
Building Inspector
Development Manager
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