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Clause 7
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Compliance with Laws and Regulations (2) (Ref 07.002 / 07.003 / 07.004 / 07.005 / 07.006 / 07.008 / 07.009 / 07.007 / 07.012 / 07.013)

Question 1

The question is frequently asked: Where in the JBCC contract is compliance with various regulations mentioned – in particular: the Occupation Health and Safety Act, the Construction regulations and compliance with the NHBRC requirements?

Ref: P07.001

Answer

To write a contract document that refers to every regulation is practically impossible as the number of regulations changes virtually every month. Also, the JBCC document is widely used in English speaking countries in Africa and elsewhere that have their own regulations. Thus the JBCC PBA Contract Clause 7.1 states that the contractor must comply with all laws of the country to include all the current local requirements.

There may be instances where regulations contain apparently contradictory requirements, particularly outside South Africa. Such requirements should be highlighted in the Contract Data EC to draw the contractor’s attention to the issue at the time of tender.

Question 2

The question is frequently asked in terms of PBA Clause 7.1 that if the contractor must comply with all laws of the country - who is responsible for obtaining the Occupation Certificate?

Ref: P07.002

Answer

The Occupation Certificate is issued by the Local Authority to the Employer / Owner. The contractor’s responsibility is to bring the project to completion in compliance with relevant regulations – but not to obtain the Occupation Certificate – this must be done by the Employer / Owner or his Agents.