FAQ's Principal Building Agreement
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Clause 25 |
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Question 1We request that your Committee consider a revision related to clause 25.0 " Works Completion". Having discussed with several Architects, we all seem to face the same problem in getting Contractors to complete the work listed on the "Works Completion List" within a reasonable time. There is currently no effective time bar except that listed under clause 25.4 and 25.5 which, in practice, is not effective enough in getting the work completed. In addition to the penalty related to Practical Completion, we request your Committee to seriously consider / debate a Secondary Penalty clause linked to "Works Completion". Ref: P25.001 |
Answer15.3 Requires the contractor to ".... proceed with due skill, diligence , regularity and expedition ...." ( ) = Dictionary definitions 17.1.8 The works completion list is a contract instruction 17.4 Should the contractor not proceed with due diligence with a contract instruction ...... on default of the contractor the employer may employ other parties to give effect to such contract instruction i.e. he can use another contractor with such expense or loss being charged to the contractor in terms of 32.5 25.4 Expects that the contractor will be able to achieve works completion within 20 working days. Default results in the loss of interest 36.1.1 Allows the employer to cancel in terms of 15.3.3 No constraint on the time taken by the contractor? I do not believe so It is interesting to note that I have answered over 2 600 queries in the last 6 years of which only 25 relate to works completion and in turn only 8 of these are to do with the time period. The JBCC Technical Committee in publishing the 5.0 Edition completed a review process on the document suite and not a single constituent raised this as an issue - makes you think doesn't it? |