Building Agreement Template Page 12
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13entitled, (where necessary) to enter upon the Property for purposes of obtaining access to
adjacent erven in the course of such construction work.
12.3. Where the Employer has registered a mortgage bond against the Title Deed of the Property
and utilises such mortgage bond to effect payment of the Contract Price or any part thereof,
then and in that instance the Employer is liable for the payment of interim interest to the
financial institution. All such interest must be paid in full before the Completion Date.
13.
CONDITION PRECEDENT
13.1. The Agreement is subject to the conclusion of the Agreement of Sale and the fulfilment of all
conditions precedent thereto.
13.2. In the event that the conditions precedent as referred to in Clause 6 of the Agreement of Sale, is
not fulfilled, then this Agreement shall lapse in its entirety and neither party shall be liable for any
loss or damage suffered as a result of non-fulfilment of this condition precedent.
14.
BREACH
14.1. If any party commits a breach of any of the provisions of this Agreement and fails to remedy
such breach within 7 (Seven) days after receipt of written notice from the other party calling
upon it to remedy such breach, then the innocent party shall be entitled, without prejudice
to any other rights which it may have in terms of this Agreement and/or at Law to:
14.1.1. cancel this Agreement and claim such damages as it may have sustained from the
defaulting party;
14.1.2. claim immediate performance by the defaulting party of all its obligations in terms of
this Agreement whether or not the due date for performance shall otherwise have
arrived.
14.2. The Contractor may retain any cash payments made by the Employer prior to cancellation
as liquidated damages, without prejudice to any other right that the Contractor may have.
14.3. Upon cancellation of this Agreement as a result of default by the Employer, the Contractor
will be entitled to keep possession and occupation of the Property and the Works and to
exercise its builder’s lien.
14.4. The defaulting party shall pay all legal and other costs, including costs on the attorney and
client scale, incurred by the innocent party in successfully enforcing the provisions of this
Agreement.
15.
MAGISTRATE’S COURT JURISDICTION
15.1. For the purpose of all or any Court proceedings herein, the Parties hereby consent to the
jurisdiction of any Magistrate’s Court having jurisdiction over the intended Defendant.
16.
ADDRESSES FOR SERVICE AND DELIVERY OF LEGAL DOCUMENTS
16.1. The Parties choose their addresses as set out in Clause 1 of the Covering Schedule of this
Agreement above to serve as their addresses for service and delivery of legal documents for all
purposes of the Agreement, which includes the giving of notice and the serving of documents or
process.
16.2. Any notice given in terms of the Agreement which is:
16.2.1. delivered by hand during normal business hours to the Contractor’s or Employer’s address
for service and delivery of legal documents shall be deemed to have been received by the
Contractor or Employer at the time of delivery.
16.2.2. posted by prepaid registered post to the Contractor’s or Employer’s address for service and
delivery of legal documents shall be deemed to have been received by the Contractor or
th
Employer on the 7
day after the day of its posting.
16.2.3. communicated by facsimile or e-mail, shall be deemed to have been received by the
Contractor or Employer on received confirmation of the successful transmission thereof.
16.3. Where, in terms of this Agreement any communication is required to be in writing, the term “writing”
shall include communications by telex, facsimile or e-mail. Communications by telex, facsimile or e-
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