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Works Contract
"I need a Works Contract for a commercial building construction project in Cape Town, South Africa, with a contract value of R50 million, starting March 2025, that includes specific provisions for green building certification and local community employment requirements."
1. Parties: Identification of the Employer and Contractor, including their registered addresses and company details
2. Background: Context of the works contract and broad overview of the project
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the contract
4. Scope of Works: Detailed description of the works to be performed by the Contractor
5. Contract Price and Payment Terms: Agreement on pricing, payment schedule, and payment mechanisms
6. Duration and Programme: Project timeline, completion dates, and milestone requirements
7. Contractor's Obligations: Primary responsibilities and duties of the Contractor
8. Employer's Obligations: Primary responsibilities and duties of the Employer
9. Site Access and Conditions: Terms regarding access to and control of the construction site
10. Materials and Workmanship: Quality standards and requirements for materials and execution
11. Health and Safety: Safety requirements and responsibilities in accordance with OHS Act
12. Insurance and Indemnities: Required insurance coverage and indemnification provisions
13. Variations: Procedures for handling changes to the scope of works
14. Delays and Extensions of Time: Provisions for managing delays and time extensions
15. Defects and Warranties: Defects liability period and warranty obligations
16. Termination: Grounds and procedures for contract termination
17. Dispute Resolution: Procedures for resolving disputes between parties
18. General Provisions: Standard legal provisions including notices, governing law, etc.
1. Performance Security: Required when project value exceeds certain thresholds or when specified by Employer
2. Environmental Management: Required for projects with significant environmental impact
3. Community Engagement: Required for projects in sensitive community areas or public works
4. B-BBEE Requirements: Detailed requirements for meeting B-BBEE obligations, if applicable
5. Design Obligations: Required for design-build contracts where Contractor has design responsibility
6. Provisional Sums: Required when certain works cannot be accurately priced at contract formation
7. Subcontracting: Required when subcontracting is anticipated or needs specific regulation
8. Testing and Commissioning: Required for projects involving mechanical or electrical installations
9. Training and Skills Transfer: Required for projects with skills development requirements
1. Schedule 1: Scope of Works: Detailed technical specifications and drawings
2. Schedule 2: Price Schedule: Detailed breakdown of contract price, rates, and quantities
3. Schedule 3: Programme: Detailed project timeline and milestone dates
4. Schedule 4: Site Information: Site details, access points, and existing conditions
5. Schedule 5: Quality Management Plan: Quality control procedures and requirements
6. Schedule 6: Health and Safety Plan: Detailed safety procedures and requirements
7. Schedule 7: Performance Security Forms: Forms for guarantees and securities
8. Schedule 8: Insurance Requirements: Detailed insurance specifications and certificates
9. Appendix A: Drawing Register: List of all applicable drawings and revisions
10. Appendix B: Technical Specifications: Detailed technical requirements and standards
11. Appendix C: Environmental Management Plan: Environmental protection measures and procedures
12. Appendix D: Key Personnel: List of key personnel and their qualifications
Authors
Approved
As-Built Drawings
B-BBEE
Bill of Quantities
Certificate of Completion
Certificate of Practical Completion
CIDB
Commencement Date
Completion
Completion Date
Construction Drawings
Construction Period
Contract
Contract Documents
Contract Price
Contractor
Day
Defects
Defects Liability Period
Delay
Design Documents
Employer
Engineer
Extension of Time
Final Completion
Force Majeure
Good Industry Practice
Governing Law
Health and Safety Plan
Insurance
Intellectual Property Rights
Interim Payment Certificate
Law
Materials
Milestone
Notice
Parties
Payment Certificate
Performance Security
Personnel
Plant
Practical Completion
Principal Agent
Programme
Project
Project Manager
Provisional Sum
Quality Management Plan
Quantity Surveyor
Retention Money
Site
Specifications
Subcontractor
Taking-Over Certificate
Technical Requirements
Temporary Works
Time for Completion
Variation
VAT
Warranties
Works
Working Day
Works Information
Appointment
Contract Documents
Scope of Works
Contract Price
Payment Terms
Time and Programme
Site Access
Materials and Workmanship
Quality Control
Health and Safety
Environmental Protection
Contractor Obligations
Employer Obligations
Variations
Extensions of Time
Force Majeure
Suspension
Testing and Inspection
Completion
Defects Liability
Insurance
Performance Security
Indemnification
Intellectual Property
Confidentiality
B-BBEE Compliance
Subcontracting
Assignment and Transfer
Warranties
Limitation of Liability
Termination
Dispute Resolution
Governing Law
Notices
Labor Relations
Local Content Requirements
Community Engagement
Risk Allocation
Change in Law
Permits and Licenses
Boilerplate Clauses
Construction
Infrastructure Development
Mining
Commercial Property
Residential Development
Industrial Development
Public Works
Transport Infrastructure
Energy Infrastructure
Water and Sanitation
Healthcare Facilities
Educational Facilities
Legal
Construction
Project Management
Commercial
Procurement
Risk and Compliance
Operations
Engineering
Finance
Health and Safety
Environmental
Technical
Contract Administration
Construction Manager
Project Director
Contract Manager
Legal Counsel
Quantity Surveyor
Project Manager
Site Manager
Commercial Manager
Procurement Manager
Risk Manager
Compliance Officer
Technical Director
Operations Manager
Chief Executive Officer
Financial Director
Engineering Manager
Health and Safety Manager
Environmental Manager
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