Building Contract Memorandum Of Agreement And Conditions Of Contract (Page 7 of 8) in pdf

Building Contract Memorandum Of Agreement And Conditions Of Contract Page 7

Page 7.

18.2 Refusing to proceed with the building with reasonable diligence; or

18.3 Refusing, after notice in writing from the OWNER, to remove defective

work or improper materials;

then, if such default shall continue for FOURTEEN (14) days after a registered

letter has been sent to the BUILDER from the OWNER specifying same, the

OWNER may, without prejudice to any other rights he may have in terms of this

contract or in law, by registered post terminate the employment of the BUILDER

under this contract, provided no dispute has been declared in terms of Clause

17. In such event the BUILDER shall be liable for all damages incurred by the

OWNER by reason of such default.

19. OWNER'S DEFAULT

19.1 Should the OWNER commit a breach of any of the terms of this contract,

all of which terms shall be material, and not rectify such breach after

having been given SEVEN (7) days notice by registered post to do so,

the BUILDER shall be entitled forthwith to give the OWNER, per

registered post, written notice of the termination of this contract, without

prejudice to any other rights which the BUILDER may have in terms of

this contract or in law.

19.2 Failure by the OWNER to make any payment due shall entitle the

BUILDER, on giving SEVEN (7) days' written notice to the OWNER, to

cease work under this contract until payment shall have been made to

the BUILDER.

The time during which such works shall cease shall

operate as an automatic extension of time for completion and occupation,

unless the contract specifies to the contrary in writing

19.3 A certificate signed by an engineer or a registered quantity surveyor

specifying the amount due by the OWNER to the BUILDER shall be

sufficient proof of any amount due to the BUILDER in terms of the

contract, and may also be used by the BUILDER for the purposes of

obtaining judgement by provisional sentence against the OWNER in any

court of law having jurisdiction in respect thereof. Where the OWNER is

in default the cost of obtaining the engineer's or quantity surveyor's

certificate shall be for the OWNER'S account.

20. PC ITEMS

The purchaser acknowledges that a delay in choosing the PC items reflected in

the Building Plans and Specifications could prejudice the seller and accordingly:

20.1 the purchaser shall be obliged to choose the PC items within one (1)

week of being requested to do so;

20.2 in the event that the purchaser fails to choose the PC items, he hereby

irrevocably authorises the seller to do so on his behalf.

Building Contract Memorandum Of Agreement And Conditions Of Contract Page 7