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JBCC® Principal Building Agreement Edition 6.1
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JBCC® Principal Building Agreement Edition 6.1

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Questions and Answers

What must a contractor do within twenty working days upon becoming aware of a potential delay?

  • Submit a claim for revision immediately.
  • Take reasonable steps to mitigate the delay.
  • Notify the principal agent of the intention to submit a claim. (correct)
  • Request a contract value adjustment.

    • What is the maximum time allowed for a contractor to submit a claim for the revision of the date of practical completion?

  • 30 working days from the delay occurrence.
  • 60 working days from the completion date.
  • 40 working days from when the contractor can quantify the delay. (correct)
  • 20 working days from awareness of the delay.

    • What happens if the contractor fails to notify the principal agent of a delay intention within the stipulated time frame?

  • The contractor forfeits the claim for the delay. (correct)
  • The contractor automatically receives an extension.
  • The principal agent can ignore the claim.
  • The principal agent must provide a written explanation.

    • In the event of a request for a revision of the date for practical completion, what must the contractor include?

    <p>A separate statement for each circumstance causing the delay.</p> Signup and view all the answers

    What is the contractor required to do if a listed circumstance occurs that may cause a delay?

    <p>Take reasonable steps to avoid or reduce the delay.</p> Signup and view all the answers

    What does the JBCC® warn about modifying any part of its agreements?

    <p>It can lead to unintentional consequences detrimental to the parties.</p> Signup and view all the answers

    Where can individuals obtain JBCC® documents?

    <p>From constituent members’ regional offices in South Africa.</p> Signup and view all the answers

    What is one potential consequence of unauthorized reproduction of the JBCC® work?

    <p>Judicial proceedings may be initiated.</p> Signup and view all the answers

    What does the JBCC® website provide information about?

    <p>Scheduled seminars and FAQs.</p> Signup and view all the answers

    What is the best practice regarding contracts using the JBCC® suite?

    <p>Consulting with legal professionals on changes is encouraged.</p> Signup and view all the answers

    What purpose does the action of notifying parties by e-mail/post serve according to the JBCC®?

    <p>To ensure timely communication.</p> Signup and view all the answers

    How extensive is the copyright reserved by the JBCC® as stated in the content?

    <p>Covers all methods of reproduction and transmission.</p> Signup and view all the answers

    What term is used to refer to the action of the contractor towards the principal agent for non-performance?

    <p>Breach of contract.</p> Signup and view all the answers

    What action does the principal agent take if the subcontractor defaults for five working days?

    <p>Instruct the contractor to terminate the n/s subcontract agreement</p> Signup and view all the answers

    What happens if the subcontractor is terminated due to default or insolvency?

    <p>The principal agent shall appoint another subcontractor</p> Signup and view all the answers

    In the event of insolvency of the contractor, who bears the cost of completing the n/s subcontract works?

    <p>The contractor must account for the expenses</p> Signup and view all the answers

    What is the nature of the relationship between the employer and a subcontractor appointed by the contractor?

    <p>There is no privity of contract between them</p> Signup and view all the answers

    What documentation must the principal agent prepare for work intended by a selected subcontractor?

    <p>Tender documents in conformity with the n/s subcontract agreement</p> Signup and view all the answers

    What must the contractor do immediately after an event occurs as mentioned in the agreement?

    <p>Give notice to the principal agent</p> Signup and view all the answers

    Which of the following is NOT a reason for the employer to indemnify the contractor?

    <p>Design of the works for which the contractor is responsible</p> Signup and view all the answers

    Which scenario would lead to the employer NOT indemnifying the contractor?

    <p>Negligence by the contractor's subcontractors</p> Signup and view all the answers

    What type of damages are the contractor's construction equipment and property exempt from?

    <p>Direct contractor's property loss</p> Signup and view all the answers

    What must the employer obtain before proceeding with the works upon instruction?

    <p>Required permission under the law</p> Signup and view all the answers

    What type of interference is the contractor held harmless for during the execution of the works?

    <p>Interference with servitudes not shown in construction information</p> Signup and view all the answers

    Who is responsible for obtaining permits, licenses, or approvals that the contractor is required to get?

    <p>The contractor</p> Signup and view all the answers

    Which of the following describes a scenario that does not lead to employer indemnification?

    <p>Design flaws in the works for which the contractor is liable</p> Signup and view all the answers

    What is the timeline for the principal agent to issue a certificate of practical completion to the contractor?

    <p>Within five working days</p> Signup and view all the answers

    What occurs if defects are found during the defects liability period?

    <p>The principal agent may instruct the contractor to attend to defects progressively.</p> Signup and view all the answers

    What is the purpose of the certificate of final completion issued by the principal agent?

    <p>To indicate if it is for the last section to reach final completion.</p> Signup and view all the answers

    When does the defects liability period commence?

    <p>The day following the date of practical completion.</p> Signup and view all the answers

    What is the maximum duration of the defects liability period?

    <p>Ninety calendar days</p> Signup and view all the answers

    What responsibility does the contractor have regarding the items on the list for completion?

    <p>Inspect and rectify items at least ten working days before the defects liability period expires.</p> Signup and view all the answers

    What condition accompanies the issuance of a certificate of practical completion for each section?

    <p>Each section is subject to the same terms and conditions as the complete works.</p> Signup and view all the answers

    What must the contractor do after receiving notice to inspect the works?

    <p>Give notice to the principal agent within five working days of receipt.</p> Signup and view all the answers

    Study Notes

    JBCC® Principal Building Agreement Edition 6.1

    • Previous editions of JBCC® contracts are not compatible with Edition 6.1
    • Users are warned against modifying the JBCC® suite of contract agreements and support documents
    • Experience has shown that changes drafted by others can have unintended prejudicial results
    • JBCC® documents are obtainable from constituent members’ regional offices in South Africa
    • JBCC® does not sell directly to users but can be contacted at [email protected]
    • The JBCC® website, www.jbcc.co.za, provides current information on scheduled seminars, FAQs, and new developments

    JBCC® Agreement Time Periods

    • Notices are deemed to be received by email/post within 1-7 calendar days
    • The contractor must give notice to the principal agent within 5 working days of non-performance by an agent

    Claims and Proceedings

    • The contractor is responsible for non-compliance with laws, regulations, or bylaws
    • The contractor is responsible for physical loss or damage to their equipment and property (excluding direct contractors’ construction equipment or other property)
    • The employer indemnifies the contractor from claims or proceedings for damages arising from:
      • Acts or omissions of the employer, their employees, or agents
      • Acts or omissions of a direct contractor
      • Design of the works where the contractor is not responsible
      • Use or occupation of the works by the employer, tenants, direct contractors, or others authorised by the employer
      • Proceeding with the works without required permissions from the employer
      • Interference with servitudes or rights not depicted in construction information issued to the contractor

    Subcontractor Agreements

    • The principal agent will instruct the contractor to terminate a subcontractor agreement if a default continues for five (5) working days after notice
    • If a nominated subcontractor agreement is terminated:
      • The principal agent will instruct the contractor to appoint another nominated subcontractor
      • The n/s subcontract value will be adjusted to include the cost of completing the works
      • Any variation in the cost of completing the n/s subcontract works due to the contractor's default or insolvency will be for the contractor’s account
    • There is no privity of contract between the employer and a subcontractor appointed by the contractor

    Selected Subcontractors

    • The principal agent shall prepare tender documents in conformity with the n/s subcontract agreement and this agreement
    • The principal agent shall issue a certificate of practical completion to the contractor within five (5) working days of inspecting the works

    Practical Completion

    • On achievement of practical completion, the employer and/or contractor shall allow access to the works for other installations
    • The terms and conditions applicable to the works as a whole apply to each section
    • The principal agent will issue a certificate of practical completion for each section
    • The principal agent will issue a certificate of final completion indicating if it is for the last section to reach final completion

    Defects Liability Period

    • The defects liability period commences one calendar day after the date of practical completion and ends ninety (90) calendar days from that date or when work on the list for final completion has been satisfactorily completed, whichever is later
    • The contractor shall inspect and rectify all items on the list for completion at least ten (10) working days before the expiry of the defects liability period
    • The contractor shall give notice to the principal agent to inspect the works within five (5) working days of receiving such notice

    Delays

    • When a circumstance occurs that could cause a delay to the date for practical completion, the contractor shall:
      • Take reasonable steps to avoid or reduce the delay
      • Give notice to the principal agent within twenty (20) working days of becoming aware of the delay
    • The contractor shall submit a claim for the revision of the date of practical completion within forty (40) working days from when the contractor is able to quantify the delay
    • The claim for a revision of the date for practical completion shall state each circumstance separately

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    Related Documents

    JBCC PBA 6.1-2014-education.pdf

    Description

    This quiz covers the key aspects of the JBCC® Principal Building Agreement Edition 6.1, emphasizing important notices, claims, and responsibilities. It is essential for contractors and professionals involved in building agreements in South Africa to understand the compatibility and modifications related to this edition. Test your knowledge on the JBCC® guidelines and procedures.

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