The Agreement Between Developer And Contractor is a crucial legal document used in South African construction projects to establish and regulate the relationship between property developers and construction contractors. This agreement is essential when undertaking any construction or development project, whether residential, commercial, or industrial. It ensures compliance with South African construction laws, including the Construction Industry Development Board Act, National Building Regulations, and Occupational Health and Safety requirements. The document typically includes detailed provisions for project execution, payment terms, quality standards, risk allocation, and dispute resolution. It's particularly important for protecting both parties' interests while ensuring project delivery meets legal and regulatory requirements. The agreement should be customized based on project scope, complexity, and specific requirements of the development.
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1. Parties: Identification and details of the Developer and Contractor, including registration numbers and physical addresses
2. Background: Context of the agreement, including project overview and purpose
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Work: Detailed description of the construction work to be performed by the Contractor
5. Contract Price and Payment Terms: Agreement on pricing, payment schedule, and payment conditions
6. Project Timeline: Construction schedule, milestones, and completion dates
7. Contractor Obligations: Detailed responsibilities and duties of the Contractor
8. Developer Obligations: Detailed responsibilities and duties of the Developer
9. Quality Standards: Required construction standards and quality control measures
10. Health and Safety: Safety requirements and compliance with OHS Act
11. Insurance and Indemnity: Insurance requirements and indemnification provisions
12. Variations and Changes: Process for handling changes to scope or specifications
13. Defects and Warranties: Defects liability period and warranty terms
14. Termination: Conditions and process for contract termination
15. Dispute Resolution: Process for resolving disputes between parties
16. General Provisions: Standard legal clauses including notices, governing law, etc.
1. Environmental Management: Required when project has significant environmental impacts or requirements
2. Local Content Requirements: Include when project must meet specific local content or BBBEE requirements
3. Site Security: Required for projects in high-risk areas or with valuable materials
4. Subcontractor Provisions: Include when subcontractors will be used extensively
5. Performance Bonds: Required for high-value projects or where additional security is needed
6. Intellectual Property: Include when design or innovative construction methods are involved
7. Force Majeure: Detailed provisions for handling unforeseen circumstances
8. Community Engagement: Required for projects with significant community impact
1. Schedule A - Scope of Works: Detailed technical specifications and drawings
2. Schedule B - Project Program: Detailed timeline and construction schedule
3. Schedule C - Bill of Quantities: Itemized list of materials and costs
4. Schedule D - Payment Schedule: Detailed payment milestones and amounts
5. Schedule E - Site Information: Site details, access points, and existing conditions
6. Schedule F - Quality Assurance Plan: Detailed quality control procedures and requirements
7. Schedule G - Health and Safety Plan: Detailed safety procedures and requirements
8. Schedule H - Required Insurance: Specific insurance requirements and coverage amounts
9. Appendix 1 - Key Personnel: List of key project personnel and their roles
10. Appendix 2 - Approved Subcontractors: List of pre-approved subcontractors if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Property Development
Commercial Property
Residential Property
Industrial Development
Infrastructure Development
Retail Development
Healthcare Facilities
Educational Facilities
Hospitality
Relevant Teams
Legal
Construction
Development
Operations
Project Management
Commercial
Procurement
Risk and Compliance
Executive Leadership
Finance
Quality Assurance
Contract Administration
Relevant Roles
Property Developer
Construction Manager
Project Manager
Contract Manager
Legal Counsel
Development Director
Construction Director
Site Manager
Quantity Surveyor
Risk Manager
Compliance Officer
Operations Manager
Commercial Manager
Chief Executive Officer
Managing Director
Development Manager
Construction Supervisor
Procurement Manager
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