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Contractor's Affidavit for South Africa

Contractor's Affidavit Template for South Africa

A Contractor's Affidavit is a legally binding sworn statement used in South Africa where a contractor formally declares specific facts about their work, qualifications, and compliance with relevant regulations. The document must comply with the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 and needs to be signed in the presence of a Commissioner of Oaths. It typically includes declarations about project status, compliance with construction regulations, safety standards, and other relevant legislative requirements. This document serves as a formal record and can be used in legal proceedings, payment disputes, or regulatory compliance matters.

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Contractor's Affidavit

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What is a Contractor's Affidavit?

A Contractor's Affidavit is a crucial document in South African construction and contracting work, required in various situations where formal sworn statements are needed to verify aspects of a contractor's work or compliance. This document is commonly used during project milestones, payment applications, dispute resolution, or when providing evidence of work completion. It must be executed before a Commissioner of Oaths and comply with South African legal requirements for affidavits. The document serves multiple purposes, including confirming compliance with the Construction Industry Development Board Act, verifying safety standards adherence, and declaring the status of work completion. It's particularly important in situations requiring formal verification of contractor statements for legal or administrative purposes.

What sections should be included in a Contractor's Affidavit?

1. Deponent Details: Full name, ID number, and business address of the person making the affidavit

2. Capacity and Authority: Statement of the deponent's position and authority to make the affidavit

3. Project Information: Details of the specific construction/contracting project including location, scope, and timeline

4. Contractor Qualifications: Statement regarding CIDB registration, professional qualifications, and relevant licenses

5. Compliance Declaration: Declaration of compliance with relevant laws, regulations, and safety requirements

6. Work Completion Status: Details about the status of work, including percentage completed and key milestones

7. Financial Declaration: Statement regarding payment status, outstanding amounts, and financial obligations

8. Oath Confirmation: Standard declaration that the contents are true and correct, including place and date of signing

What sections are optional to include in a Contractor's Affidavit?

1. Subcontractor Declaration: Used when subcontractors are involved in the project, detailing their roles and compliance

2. Safety Incident Report: Required if there have been any safety incidents or accidents during the contract period

3. Labor Compliance: Detailed section about labor law compliance, needed for projects with significant workforce

4. Environmental Compliance: Required for projects with environmental impact or specific environmental requirements

5. Quality Assurance Statement: Optional section detailing quality control measures and compliance with quality standards

What schedules should be included in a Contractor's Affidavit?

1. Schedule A - Project Timeline: Detailed timeline showing planned versus actual progress

2. Schedule B - Certification Documents: Copies of relevant certificates, registrations, and licenses

3. Schedule C - Site Photos: Photographic evidence of work progress or completion

4. Schedule D - Financial Records: Supporting financial documentation if referenced in the affidavit

5. Appendix 1 - Supporting Declarations: Additional sworn statements from other relevant parties if required

Authors

Alex Denne

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

Jurisdiction

South Africa

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions






























Clauses




















Relevant Industries

Construction

Engineering

Mining

Infrastructure Development

Property Development

Manufacturing

Industrial Services

Facilities Management

Energy

Telecommunications

Commercial Development

Residential Development

Relevant Teams

Legal

Compliance

Operations

Construction

Project Management

Contract Administration

Risk Management

Health and Safety

Quality Assurance

Commercial

Procurement

Relevant Roles

Construction Manager

Project Manager

Site Supervisor

Contract Administrator

Legal Counsel

Compliance Officer

Quantity Surveyor

Building Inspector

Health and Safety Officer

Operations Manager

Procurement Manager

Construction Director

Technical Director

Commercial Manager

Risk 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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