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Agreement Between Developer And Contractor for South Africa

Agreement Between Developer And Contractor Template for South Africa

A comprehensive legal agreement governed by South African law that establishes the contractual relationship between a property developer and a construction contractor. This document outlines the terms and conditions for construction projects, including scope of work, payment terms, timelines, quality standards, and compliance requirements with South African construction regulations. It incorporates provisions from key legislation such as the Construction Industry Development Board Act and the Occupational Health and Safety Act, while establishing clear responsibilities, risk allocation, and dispute resolution mechanisms.

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What is a Agreement Between Developer And Contractor?

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.

What sections should be included in a Agreement Between Developer And Contractor?

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.

What sections are optional to include in a Agreement Between Developer And Contractor?

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

What schedules should be included in a Agreement Between Developer And Contractor?

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

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Ƶ

Cost

Free to use
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

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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