COMMENCEMENT AND COMPLETION OF THE WORKS Clause Samples
The 'Commencement and Completion of the Works' clause defines when the contractor is required to begin and finish the specified project or tasks. It typically sets out the start date, the expected completion date, and may include provisions for extensions or delays due to unforeseen circumstances. This clause ensures both parties are clear on the project timeline, helping to manage expectations and reduce disputes related to scheduling.
COMMENCEMENT AND COMPLETION OF THE WORKS. 28.1 To the extent that the Seller has not already done so, the Seller shall not be obliged to commence with the Works before registration of the Erf in favour of the Purchaser as envisaged in terms of the Agreement, but he shall however not be obliged to commence the Works until:
28.1.1 the whole of the Construction Cost and transfer cost have been paid to the Attorneys or have been guaranteed as provided for in clause 6.5 above;
28.1.2 and that the Purchaser attended to the signature of all transfer documents and on the payment to the Attorney of funds securing the Purchase Price and payment of the Transfer Cost;
28.1.3 and all necessary consents, approvals and/or registrations from all relevant authorities have been obtained.
28.2 If commencement of the Works is delayed for longer than a period of 90 (Ninety) Business Days as from Date of Signature hereof for any reason other than a reason attributable to the fault and/or omission of the Seller, then the Seller shall be entitled in its sole discretion to resile from this Agreement, with neither party having any further claim against one another or alternatively the Seller, in his sole discretion, may claim an adjustment to the Construction Cost in accordance with any increases in the cost of material and/or labour which might in the interim have occurred. If the Parties do not agree to the adjustment to the Construction Cost, then a Quantity Surveyor appointed by the Seller shall determine the dispute and the Quantity Surveyor’s determination shall be final and binding on the Parties.
28.3 Subject to any extensions permitted in terms of Clause 28.4, the Seller shall complete the Works within 180 (One Hundred And Eighty) Business Days after commencement.
28.4 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the Seller’s control or if any building industry holidays, whether statutory or recognized generally as customary in the industry, fall within the contract period, then the Seller shall be entitled to a fair and reasonable extension of time for the completion of the Works and the Purchaser shall not for that reason have any claim against the Seller for damages or otherwise.
28.5 The issue by the Local Authority of the Occupation Certificate shall constitute complete proof of the satisfactory completion of the Works by the Seller and the Seller shall, apart from the specific obligation placed on the Seller in terms of the NHBRC and such additional and specific u...
COMMENCEMENT AND COMPLETION OF THE WORKS. 7.1 The Contractor shall not be obliged to commence with the Works until:
7.1.1. The Employer has furnished adequate security to the Contactor's satisfaction for the Total Contract Price; and
7.1.2. All necessary consents, approvals and/or registrations from all relevant authorities have been obtained; and
7.1.3. The Property is registered in the name of the Employer and the Employer's bond (if applicable) has been registered.
7.2 The Contractor must complete the Works, subject to any extension of time as provided for in this Agreement, within a period of 150 (One Hundred & Fifty) Business Days after the Commencement Date. If commencement of the Works is delayed for longer than 150 (One Hundred and Fifty) Business Days’ from transfer of the property to the Employer for any reason other than a reason attributable to the fault and/or omission of the Contractor, then the Contractor shall be entitled, in its sole discretion, to resile from this Agreement with neither party having any further claim against one another. Alternatively the Parties may agree to an amended Total Contract Price.
7.3 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the Contractor's control then the Contractor shall be entitled to a fair and reasonable extension of time for the commencement or completion of the Works.
7.4 All amounts due and unpaid shall be payable by the Employer on the Completion Date.
COMMENCEMENT AND COMPLETION OF THE WORKS. 7.1 The Contractor shall not be obliged to commence with the Works until:
7.1.1. the Employer has furnished adequate security to the Contactor's satisfaction for the Total Contract Price; and
7.1.2. all necessary consents, approvals and/or registrations from all relevant authorities have been obtained; and
7.1.3. the Property is registered in the name of the Employer and the Employer's bond (if applicable) has been registered.
7.2 If commencement of the Works is delayed for longer than 180 (one hundred and eighty) Business Days from the Signature Date for any reason other than a reason attributable to the fault and/or omission of the Contractor, then the Contractor shall be entitled, in its sole discretion, to resign from this Agreement with neither party having any further claim against one another. Alternatively the Parties may agree to an amended Total Contract Price.
7.3 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the Contractor's control then the Contractor shall be entitled to a fair and reasonable extension of time for the commencement or completion of the Works.
7.4 All amounts due and unpaid shall be payable by the Employer on the Completion Date.
COMMENCEMENT AND COMPLETION OF THE WORKS. 13.1 The Contractor shall not be obliged to commence with the Works until:
13.1.1 the Purchaser has furnished adequate security to the Seller's satisfaction for the Total Purchase Price; and
13.1.2 all necessary consents, approvals and/or registrations from all relevant authorities have been obtained.
13.2 The Contractor will endeavour to complete the Works as close as possible to the Completion Date, subject to the terms and conditions of this Agreement.
13.3 If the Completion Date is delayed beyond the estimated completion date as referred to in Clause 2.12 of the Covering Schedule, the Parties hereby agree that the Total Purchase Price will increase from the Escalation Date until the Transfer Date, at the rate of 8% (Eight) per year, calculated pro rata, and payable by the Purchaser to the Seller on the Transfer Date. INITIAL
13.4 If the commencement or completion of the Works is delayed beyond the estimated completion date as referred to in Clause 2.12 of the Covering Schedule, for any reason or cause whatsoever beyond the Seller and/or the Contractor's control or if any building industry holidays, whether statutory or recognised generally as customary in the industry, rain days or strikes fall within the contract period, then the Seller and the Contractor shall be entitled to a fair and reasonable extension of time for the completion of the Works and the Purchaser shall not for that reason have any claim against the Seller and/or the Contractor for damages or otherwise, and shall be obliged to pay the escalation on the Total Purchase Price, as provided for in Clause 13.3 of this Agreement, on the Transfer Date.
COMMENCEMENT AND COMPLETION OF THE WORKS. 13.1 The Contractor shall not be obliged to commence with the Works until:
13.1.1 the Purchaser has furnished adequate security to the Seller's satisfaction for the Total Purchase Price; and
13.1.2 all necessary consents, approvals and/or registrations from all relevant authorities have been obtained. INITIAL
13.2 If the Completion Date is delayed beyond the estimated completion date as referred to in Clause 4.1 of the Covering Schedule, the Parties hereby agree that the Total Purchase Price will increase from the Escalation Date until the Transfer Date, at the rate of 6% (Six) per year, calculated pro rata, and payable by the Purchaser to the Seller on the Transfer Date.
13.3 If the commencement or completion of the Works is delayed beyond the estimated completion date as referred to in Clause 4.1 of the Covering Schedule, for any reason or cause whatsoever beyond the Seller and/or the Contractor's control or if any building industry holidays, whether statutory or recognised generally as customary in the industry, rain days or strikes fall within the contract period, then the Seller and the Contractor shall be entitled to a fair and reasonable extension of time for the completion of the Works and the Purchaser shall not for that reason have any claim against the Seller and/or the Contractor for damages or otherwise, and shall be obliged to pay the escalation on the Total Purchase Price, as provided for in Clause 13.2 of this Agreement, on the Transfer Date.
COMMENCEMENT AND COMPLETION OF THE WORKS. 13.1 The Developer shall not be obliged to commence with the Works until:
13.1.1 the Purchaser has furnished adequate security to the Seller's satisfaction for the Purchase Price; and
13.1.2 all necessary consents, approvals and/or registrations from all relevant authorities have been obtained.
13.2 If the commencement or completion of the Works is delayed beyond the Completion Date as referred to in Clause 4.1 of the Covering Schedule, for any reason or cause whatsoever beyond the Seller and/or the Developer's control or if any building industry holidays, whether statutory or recognised generally as customary in the industry, rain days or strikes fall within the contract period, then the Seller and the Developer shall be entitled to a fair and reasonable extension of time for the completion of the Works and the Purchaser shall not for that reason have any claim against the Seller and/or the Developer for damages or otherwise.
COMMENCEMENT AND COMPLETION OF THE WORKS. 7.1 The Contractor shall not be obliged to commence with the Works until:
7.1.1 the Employer has furnished adequate security to the Contactor's satisfaction for the Total Contract Price; and
7.1.2 all necessary consents, approvals and/or registrations from all relevant authorities have been obtained; and
7.1.3 the Property is registered in the name of the Employer and the Employer's bond (if applicable) has been registered.
7.1.4 the Employer has provided the project attorneys, Boshoff Njokweni Inc with signed building Progress Payment (draw) forms in favour of the Contractor in terms of 5.1.7.1 above to enable the Contractor to receive payments.
7.2 If commencement of the Works is delayed for longer than 180 (One Hundred and Eighty) Business Days from the fulfilment of the conditions referred to in Clause 7.1 above for any reason other than a reason attributable to the fault and/or omission of the Contractor, then the Contractor shall be entitled, in its sole discretion, to resign from this Agreement with neither party having any further claim against one another. Alternatively the Parties may agree to an amended Total Contract Price.
7.2.1 Subject to paragraph 5, the Contractor shall commence the Works within 1 (One) month from the date on which the Property is registered in the name of the Employer.
7.2.2 The Contractor undertakes to complete the construction of the Works within 6 months from the date on which the Property is registered in the name of the Employer, or such date as agreed between the parties;
7.3 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the Contractor's control then the Contractor shall be entitled to a fair and reasonable extension of time for the commencement or completion of the Works.
7.4 All amounts due and unpaid shall be payable by the Employer on the Completion Date.
COMMENCEMENT AND COMPLETION OF THE WORKS. The Contractor shall commence the Works on the start date set out in the Works Order and shall thereafter proceed with the same without delay.
COMMENCEMENT AND COMPLETION OF THE WORKS. 7.1 The Developer shall not be obliged to commence with the Works until:
7.1.1 the Employer has furnished adequate security to the Developer's satisfaction for the Total Contract Price; and
7.1.2 all necessary consents, approvals and/or registrations from all relevant authorities have been obtained; and
7.1.3 the Property is registered in the name of the Employer and the Employer's bond (if applicable) has been registered.
7.2 If commencement of the Works is delayed for longer than 180 (one hundred and eighty) Business Days from the Date of Registration of the property into the name of the Employer (for any reason other than a reason attributable to the fault and/or omission of the Developer) then the Developer shall be entitled, in its sole discretion, to resign from this Agreement with neither party having any further claim against one another. Alternatively the Parties may agree to an amended Total Contract Price.
7.3 If the commencement or completion of the Works is delayed for any cause whatsoever beyond the Developer's control then the Developer shall be entitled to a fair and reasonable extension of time for the commencement or completion of the Works.
7.4 All amounts due and unpaid shall be payable by the Employer on the Completion Date.
7.5 Estimated starting date: 2016.
COMMENCEMENT AND COMPLETION OF THE WORKS. 4.1. The Contractor shall commence with the Works, within a reasonable time after compliance with the requirements as stipulated in clause 2.2. above, and further subject to the provisions of clause 4.2 below;
4.2. Subject to any reasonable extensions as agreed to in writing, the Contractor shall generally complete the Works within 12 (twelve) months from the date of commencement of same. This excludes the normal Builders’ shut-down period in December.
4.3. The Contractor shall in its sole discretion and at its option be entitled to postpone the date of commencement of the Works for any period of time if: -
4.3.1. transfer has not taken place within 4 (four) months from the date on which the Property becomes registerable, as a result of the Employer’s negligence, or it has become apparent that the Property will not be transferred to the Employer within a reasonable period; and
4.3.2. at any time prior to or during the performance of the Works, circumstances arise which make it difficult or impossible for the Contractor to proceed with the Works, such as political upheaval, riots, squatting, invasion, boycotts, strike, lockouts or any other situation which may be dangerous for the general safety of the Contractor or any of its employees, agents and/or subcontractors (which circumstances the Contractor shall use it’s best endeavors to remove), and also including, but not limited to delays occasioned by the Employer; in which event the Employer shall have no claim whatsoever against the Contractor to commence or complete the Works, or for damages.
4.4. If the circumstances contemplated in 4.3 above persist for a period of 90 (ninety) days through no fault of the Employer, the Employer shall be entitled to terminate the Agreement upon the expiry of the 90 (ninety) day period: Provided, however, that neither Party shall have a claim against the other arising from such circumstances.