Common use of EXECUTION OF THE WORKS Clause in Contracts

EXECUTION OF THE WORKS. 6.1 The contractor shall, in accordance with this agreement, execute and complete the works shown upon and described in the contract documents and shall provide everything necessary for the proper execution of the works. 6.2 Possession of the serviced residential erf shall be given to the contractor on the expected date recorded in item 2.4 of the schedule who shall thereupon within a reasonable time commence the works and regularly and diligently proceed with and bring the works to practical completion by the date for practical completion, as indicated in the schedule, subject to any extension of time granted by the employer in terms of clause 8 hereof and subject to the provision that the contractor shall not be obliged to commence the works until: 6.3 the necessary plan and other approvals, consent, registration of transfer of the serviced residential erf in the name of the employer, enrolments or other authority required under any law (including any statute, ordinance, by-law and/or regulation) has been obtained by the employer and / or the developer; 6.3.1 the boundary pegs of the property are located and pointed out to the contractor; 6.3.2 the employer has furnished the security in terms of clause 3.6 and/or clause 3.8 hereof. 6.3.3 any deposit as provided for as set out in the schedule has been paid by the employer. 6.4 The contractor shall at all reasonable times ensure a competent person in charge is present the works as required in terms of the building rules and regulations of the development. 6.5 The employer shall not have the right to interfere with, hinder or obstruct any of the contractor’s workmen or other persons employed by or acting on behalf of the contractor. 6.6 The contractor shall order all materials required for the works timeously. In the event of any of the materials required for the works being unavailable, such as to cause a possible delay to the progress of the works, the contractor shall notify the principal agent, who shall, in consultation with the employer, select substitute material of a similar quality readily available to the contractor. Any delay so caused to the works shall operate as an extension of time for completion within the meaning of clause 8 hereof. 6.7 No work or installation is to be undertaken on the serviced residential erf at the direction of the employer by any person or entity other than the contractor unless it is undertaken with the written consent of the contractor as arranged through the intervention of the principal agent. If agreed to by the contractor, such person or entity shall be employed directly by the employer, and it shall be the direct responsibility of the employer who shall have to accept the associated risks related to such other contractor’s employment, including any delays or damage caused. 6.8 The employer acknowledges that construction work will be undertaken in the vicinity of the serviced residential erf and that certain inconveniences may be caused thereby. The contractor shall not be held liable for such inconvenience or any damages that flow therefrom and shall be entitled, (where necessary) to enter upon the serviced residential erf for purposes of obtaining access to adjacent ▇▇▇▇▇ in the course of such construction work.

Appears in 1 contract

Sources: Building Agreement

EXECUTION OF THE WORKS. 6.1 2.1 The contractor Contractor shall, in accordance with this agreementto the reasonable satisfaction of the Employer, execute and complete the works Works shown upon and described in the contract documents and Contract Documents; 2.2 The Contractor shall provide everything necessary for the proper execution of the works.Works; 6.2 Possession of 2.3 Reasonable access to the serviced residential erf Property shall be given to the contractor on Contractor after approval by the expected date recorded in item 2.4 Employer of the schedule who building plans, at which stage the Contractor shall thereupon within a reasonable time commence begin the works Works and regularly and diligently proceed with and bring the works Works to practical completion Practical Completion by the occupation date for practical completionagreed with the Employer, or such extended date as indicated in the schedule, subject to any extension of time granted may be agreed by the employer Parties in terms of clause 8 hereof and subject to the provision that the contractor writing. The Contractor shall not be obliged to commence the works Works until: 6.3 the 2.3.1 The necessary building plan and other approvals, consent, registration of transfer of the serviced residential erf in the name of the employer, enrolments consent or other authority required under any law (including any statute, ordinance, by-law and/or regulation) has have been obtained by the employer and / or the developerContractor; 6.3.1 the boundary pegs of the property are located 2.3.2 The mortgage bond, where applicable, has been granted and pointed out to the contractorregistered; 6.3.2 the employer 2.3.3 The Employer has furnished the security payment guarantee(s) referred to in terms the Offer to Purchase; The Contractor may, however, at his own risk, elect to commence the Works prior to fulfilment of clause 3.6 and/or clause 3.8 hereofany of the requirements referred to in Clauses 2.3.1 to 2.3.3. 6.3.3 any deposit as provided for as set out in the schedule has been paid by the employer. 6.4 2.4 The contractor Contractor shall at all reasonable times ensure keep a competent person in charge is present the works as required in terms of the building rules and regulations of the development.Works; 6.5 2.5 The employer Employer shall not have the right to break down work, issue instructions to, or interfere with, hinder or obstruct any of the contractorContractor’s workmen workmen, any sub-Contractors employed on the Property or other persons employed by by, or acting on behalf of of, the contractor.Contractor; 6.6 2.6 The contractor Contractor shall timeously order all materials required for the works timeouslyWorks. In the event of that any of the materials required for set out in the works being Specifications become unavailable, such as to cause a possible delay to or are in short supply for an extended period, then the progress of the works, the contractor Employer shall notify the principal agent, who shall, in consultation with the employer, select substitute material of a similar quality from amongst like materials readily available to and procurable by the contractorContractor. Any delay Material selected by the Employer must be available from suppliers during the week that it is needed, and any difference in price shall be for the account of the Employer. The Contractor will not stock or purchase material in advance. If the Employer requires certain material to be purchased in advance, and stored by the supplier, he may do so caused at his own cost and risk. It is advised that for certain materials, (for example, tiles), the quantity reserved be increased by 10% (ten percent) to cover breakages, and to provide for the possibility that the materials chosen become unavailable. Amounts refundable to the works Employer in respect of material purchases for which the Employer has paid will be deducted from the progress payment following installation or use of such materials; 2.7 The Employer shall operate as an extension of time not visit the construction site during the week unless specifically arranged with the Contractor or the agent concerned. Requests for completion within such visits will only be granted in exceptional cases. The Employer may visit the meaning of clause 8 hereof.construction site on weekends for consultations, provided that the prior arrangements have been made with the Contractor or the agent concerned; 6.7 2.8 No work or installation is to be undertaken on the serviced residential erf at the direction of the employer by any person or entity sub-contractors other than the sub-contractors used by the Contractor will be allowed on the construction site before occupation of the dwelling. In the event that other sub-contractors are necessary, or the Employer prefers the Contractor to use a specific sub-contractor unless it is undertaken (for example: skylights, swimming pools, garden service, security gates etc), such requests will be considered by the Contractor, and may be negotiated by the Parties to this agreement, in conjunction with the written consent of the contractor as arranged through the intervention of the principal agent. If agreed to by the contractor, such person or entity shall be employed directly by the employer, and it shall be the direct responsibility of the employer who shall have to accept the associated risks related to such other contractor’s employment, including any delays or damage causedagent concerned. 6.8 The employer acknowledges that construction work will be undertaken in the vicinity of the serviced residential erf and that certain inconveniences may be caused thereby. The contractor shall not be held liable for such inconvenience or any damages that flow therefrom and shall be entitled, (where necessary) to enter upon the serviced residential erf for purposes of obtaining access to adjacent ▇▇▇▇▇ in the course of such construction work.

Appears in 1 contract

Sources: Building Contract

EXECUTION OF THE WORKS. 6.1 6.1. The contractor shall, in accordance with this the agreement, execute and complete the works shown upon and described in the contract documents and shall provide everything necessary for the proper execution of the works. 6.2 6.2. Possession of the serviced residential erf site shall be given to the contractor on the expected date recorded in item 2.4 of the schedule who shall thereupon within a reasonable time commence the works and regularly and diligently proceed with and bring the works to practical completion by the date for practical completion, completion as indicated in the schedule, schedule subject to any extension of time granted by the employer in terms of clause 8 9 hereof and subject to the provision that the contractor shall not be obliged to commence the works until: 6.3 6.2.1. the necessary plan and other approvals, consent, registration of transfer of the serviced residential erf in the name of the employer, enrolments consent or other authority required under any law (including any statute, ordinance, by-law and/or regulation) has been obtained by the employer and / or the developeremployer; 6.3.1 6.2.2. the boundary pegs of the property are located and pointed out to the contractor; 6.3.2 6.2.3. the employer has furnished the security attorney’s undertaking in terms of clause 3.6 and/or clause 3.8 3.3 hereof. 6.3.3 any 6.2.4. the deposit as provided for has been paid by the employer as set out in the schedule has been paid by the employer.schedule 6.4 6.3. The contractor shall at all reasonable times ensure keep upon the works a competent person in charge is present the works as required in terms of the building rules and regulations of the developmentcharge. 6.5 6.4. The employer shall not have the right to interfere with, hinder or obstruct any of the contractor’s workmen or other persons employed by or acting on behalf of the contractor. 6.6 6.5. The contractor shall order timeously all materials required for the works timeouslyworks. In the event of any of the materials required for the works being unavailable, unavailable such as to cause a possible delay to the progress of the works, the contractor shall notify the principal agentemployer, who shall, in consultation with the employer, shall select substitute material of a similar quality readily available to the contractor. Any delay so caused to the works shall operate as an extension of time for completion within the meaning of clause 8 hereofhereof and adjustment to the contract value shall be dealt with in terms of 11.9. 6.7 No 6.6. All work or installation is installations, coordination and the associated risks related to be undertaken on the serviced residential erf at the direction of the employer by any person or entity other than the contractor unless it is undertaken with the written consent of the contractor as arranged through the intervention of the principal agent. If agreed to by the contractor, such person or entity shall be contractors employed directly by the employer, and it employer shall be the direct responsibility of the employer who shall have to accept the associated risks related to such other contractor’s employment, including any delays or damage causedemployer. 6.8 6.7. The employer acknowledges that there will be construction work will be undertaken in the vicinity of the serviced residential erf site and that certain inconveniences inconvenience may be caused thereby. The contractor shall not be held liable for such inconvenience or any damages that flow therefrom there from and shall be entitled, (where necessary) to enter upon the serviced residential erf site for purposes of obtaining access to adjacent ▇▇▇▇▇ in the course of such construction work.

Appears in 1 contract

Sources: Building Works Agreement