The Building Contract And Consultancy Agreement For A Home Owner Occupier is specifically designed for use in South Africa where a residential property owner intends to undertake construction work while engaging professional consultants. This document is particularly relevant when homeowners require both construction services and professional expertise for their residential project, ensuring compliance with South African construction regulations, consumer protection laws, and NHBRC requirements. It provides comprehensive coverage of both the physical construction aspects and professional services, including detailed provisions for quality control, payment mechanisms, and dispute resolution. The agreement is structured to protect homeowners' interests while maintaining fair terms for contractors and consultants, making it suitable for new builds, major renovations, or significant home improvements where professional oversight is required.
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1. Parties: Identification and details of the homeowner, contractor, and consulting professionals
2. Background: Context of the agreement, including project overview and purpose
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Formal appointment of contractor and consultants, detailed scope of works and services
5. Contract Price and Payment Terms: Agreement on costs, payment schedule, and payment mechanisms
6. Duration and Program: Project timeline, completion dates, and construction program
7. Contractor Obligations: Detailed responsibilities and duties of the contractor
8. Consultant Obligations: Detailed responsibilities and duties of the consulting professionals
9. Client Obligations: Responsibilities and duties of the homeowner
10. Quality and Standards: Required quality standards, compliance with building regulations and NHBRC requirements
11. Variations and Changes: Procedures for handling changes to scope or specifications
12. Site Access and Conditions: Rules regarding access to and use of the construction site
13. Risk and Insurance: Allocation of risks and required insurance coverage
14. Health and Safety: Health and safety requirements and responsibilities
15. Defects and Warranties: Handling of defects, warranty periods, and remedial work
16. Suspension and Termination: Conditions and procedures for suspension or termination of the agreement
17. Dispute Resolution: Procedures for handling disputes between parties
18. General Provisions: Standard legal provisions including notices, governing law, etc.
1. Environmental Management: Required when the project has specific environmental considerations or requirements
2. Heritage Considerations: Needed when working on or near heritage-protected structures
3. Specialist Works: For projects requiring specialized contractors or consultants
4. Existing Structures: Required when building work involves modifications to existing structures
5. Penalties and Incentives: Optional provisions for delay penalties or early completion incentives
6. Storage Facilities: Details of storage arrangements when significant material storage is required
7. Neighbor Relations: Required in dense urban settings or where neighbor impacts are significant
8. Phased Completion: For projects requiring staged handover or completion
9. Funding and Securities: When bank financing or performance securities are involved
1. Schedule A - Scope of Works: Detailed description of construction works and professional services
2. Schedule B - Contract Drawings: List and copies of approved architectural and engineering drawings
3. Schedule C - Specifications: Detailed technical specifications for materials and workmanship
4. Schedule D - Price Schedule: Breakdown of contract price, rates, and quantities
5. Schedule E - Program: Detailed construction program and timeline
6. Schedule F - Insurance Requirements: Specific insurance types and coverage amounts required
7. Schedule G - Key Personnel: Details of key contractor and consultant personnel assigned to the project
8. Schedule H - Site Information: Site-specific information, surveys, and conditions
9. Appendix 1 - Payment Schedule: Detailed payment milestones and procedures
10. Appendix 2 - Quality Control Plan: Specific quality control measures and inspection procedures
11. Appendix 3 - Health and Safety Plan: Project-specific health and safety requirements and procedures
12. Appendix 4 - Forms and Certificates: Standard forms for variations, completion certificates, etc.
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