Building Agreement Template Page 11
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139.4.
The Contractor shall not be liable for any defects in the Works in respect of Normal Wear
and Tear or any defects or damages caused by the conduct of the Employer, whether
wilfully or by his negligence.
9.5.
The Employer shall be obliged to give the Contractor, its Agents and sub-contractors all
access reasonably required to remedy the patent or latent defects that are required to be
remedied in terms of Clauses 9. Repairs will be done during working hours, Monday to
Friday.
9.6.
The final extent of the Works may vary from the extent indicated on the Plan. If the
difference in the extent is less than 10% (Ten) than the extent stipulated on the Plan, the
Parties will have no recourse against each other. If the difference in the extent is more than
10% (Ten) less than the extent stipulated on the Plan, the Contract Price will be amended
pro rata and finally determined by the Principal Agent.
10.
VARIATIONS
If the Employer, after the Signature Date, requires that any aspect of the Works be varied and/or
that any extra work be carried out by the Contractor, then such request shall be made in writing
whereupon the Contractor must submit a written quotation for acceptance by the Employer. All
costs arising from such variation/extra shall be paid by the Employer to the Contractor within 24
(Twenty Four) hours after acceptance of the quotation, failing to do so, the Contractor will not be
obliged to perform such extra work or variations.
11.
RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
11.1. The Contractor shall maintain sufficient public liability insurance.
11.2. Notwithstanding anything to the contrary herein contained, ownership of all materials used in the
execution of the Works shall remain vested in the Contractor until such time as all amounts due in
terms of this Agreement have been paid in full.
11.3. Copies of the following documentation will be supplied by the Contractor to the Employer on
Completion Date:
11.3.1. Electrical Compliance Certificate
11.3.2. Roof Certificate (A19)
11.3.3. Approved Plan
11.3.4. Occupation Certificate issued by the Local Authority
11.3.5. Plumbing Certificate
11.3.6. Gas Certificate (if applicable)
11.3.7. NHBRC Certificate
11.3.8. Guarantees from third parties (if applicable)
11.4. The Contractor may appoint any third party to execute any of the Works provided that the rights of
the Employer in terms of this Agreement against the Contractor shall not be affected in any way by
such appointment.
11.5. The Contractor is exempted from liability for making good damage caused to the Property
by surface water, storms or rainwater, ground containing clay or other shifting soil,
settlement or cracking, earth tremors, geological disturbances and/or subsidence, the
nature of the subsoil or terrain and the moisture content of the subsoil and shall under no
circumstances be responsible for any consequential damage arising there from.
12.
RIGHTS AND OBLIGATIONS OF THE EMPLOYER
12.1. The Employer undertakes to become and remain the registered owner of the Property until the
Completion Date.
12.2. The Employer acknowledges that there will be construction work in the vicinity of the
Property and that certain inconvenience may be caused thereby. The Contractor shall not be
held liable for such inconvenience or any damages that flow there from and shall be
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