Building Agreement Template (Page 2 of 5) in pdf

1.3

shall conform to the provisions of any Acts of Parliament, Ordinance and By-Laws,

for the time being in force, and affecting the Works;

1.4

warrants that upon completion of the Works, the Owner shall be the owner of the

Plans, elevations and specifications referred to in clause 1.1 hereof.

The Builder shall provide at his sole cost and expense all labour, materials, scaffolding,

plant, tools and other things necessary for the execution and completion of the Works, and

warrants that such materials shall be of the best of their respective kinds.

The Builder shall not assign this contract or any part thereof, nor shall he make any sub-

contract with any person or persons for the execution of any portion of the services to be

rendered by him without the written consent of the Owner, which shall not be unreasonably

withheld. In the event of the Builder being entitled to sub-contract, all work done and all

materials supplied by the Builder’s sub-contractors shall be deemed to be work done and

materials supplied by the Builder.

If the Owner shall require any deviation from the said plans, drawings and/or specifications,

or any additional work or other work to be done in or about the property, the Builder will

carry out the work according to such requirements, and do the additional or other work in a

substantial and workmanlike manner at the fair value thereof, and the Owner shall, on the

final completion of the said Works, pay to the Builder the amount of such valuation. Should

the Owner and the Builder, for the purposes of this clause, be unable to agree on the “fair

value”, then the matter will be referred to the Master’s Building Association for a “fair

value”, whose decision shall be final and binding on both parties.

The Builder hereby indemnifies the Owner against:

5.1

all costs, losses and/or damages whether actual, contingent or prospective which

may be incurred, sustained or suffered by the Owner by reason of any breach of any

Act of Parliament, Ordinance and/or By-Laws on the part of the Builder, its servants,

agent and/or sub-contractors;

5.2

all payments by way of compensation or otherwise which the Owner may be called

upon to make as employer, within the meaning of the Workmen’s Compensation Act

No 30 of 1941, as amended, in respect of any accident to any workman arising out

and in the course of his employment by the Builder, his assign/s or sub-contractor/s

in the execution of the work in terms hereof and against all actions, claims and

demands whatsoever by any third party arising out of or occasioned by the

negligent, imperfect or improper performance of the work by the Builder, its assign/s

or sub-contractors, their workmen and agents;

5.3

all costs, losses and/or damages, whether actual, contingent or prospective, which

may be incurred, suffered and/or sustained as a result of personal injuries to, or the

death of, any person whomsoever or any injury or damage of whatsoever nature to

any property real or personal, caused by or in the course of the execution and/or

completion of the Works relating thereto or arising therefrom.

6.1

The consideration of R

shall be paid by the Owner to the Builder

free of exchange at

by way of periodic payments each being

for such amount as, in the opinion of the Department of Works, fairly represents the

total value of the work executed and of the materials and goods used, which

amounts shall be made at such intervals as the Works Department may determine;

6.2

the Owner shall be entitled to retain such sum of the purchase price as decided upon

by the Works Department until such time as defective work and/or materials have

been remedied by the Builder.

Building Agreement Template Page 2

Related Articles

Related forms

Related Categories