Common use of EXECUTION OF WORKS Clause in Contracts

EXECUTION OF WORKS. 6.1 The Builder agrees to execute and complete the Works in accordance with the Unit Floor Plan, Specification and Schedule of Finishes and in accordance with industry norms. 6.2 The Architect shall ensure that the Unit Floor Plan and Specification and Schedule of Finishes complies with the provisions of the Constitution. 6.3 The Owner shall in no manner whatsoever be entitled to interfere with, or allow any interference with the Builder, its’ employees, agents or subcontractors or with the completion of the Works, including but not limited to the giving of instructions or directions. 6.4 Notwithstanding any provision to the contrary herein, the Builder shall be entitled to, without reference to the Owner, subcontract the whole or any part of its obligations in terms of this Agreement to any other person that it is in the opinion of the Builder qualified to execute the Works in a good, proper and workmanlike manner, but shall notwithstanding such appointment remain liable to the Owner as the Builder in terms of this Agreement. 6.5 All specialists, merchants, tradesmen and sub-contractors who are to execute any work or supply any goods shall be contractors normally used by the main contractor appointed by the Builder. The main contractor shall be under no obligation to utilise the services of any other contractor or sub-contractor. 6.6 The Owner, its officers, employees, agents and contractors shall not have any claim of any nature against the Builder or any of its officers, employees, agents and contractors for any loss, damage or injury which any of them may directly or indirectly suffer as a result of the execution of the Works (save in so far as such loss, damage or injury is caused through the Builder’s gross negligence). 6.7 In the event of any circumstances arising, caused by or attributable to the Owner, which delays or which could have the effect of delaying the completion of the Works, or of increasing the cost of the Works, the Builder shall have the right, without prejudice to any other rights which it may have in terms of this Agreement, to disburse monies due and owing and incur expenses on behalf of the Owner in order to facilitate the completion of the Works without first obtaining the consent of the Owner. All such monies disbursed or expenses incurred shall be payable by the Owner to the Builder on demand. The Builder shall within a reasonable time of disbursing such funds or incurring such expenses, notify the Owner of the nature and extent thereof. 6.8 Should any dispute arise between the Parties as to - 6.8.1 the amount of monies due and disbursed by the Builder on the Owner’s behalf as contemplated in clause 6.7 above; or 6.8.2 whether the Works have been constructed substantially in accordance with the Unit Layout Plan, Specifications and Schedule of Finishes and/or has been erected in substantially the position as reflected on the Unit Layout Plan, such dispute shall be referred to the Principal Agent by either Party for determination in accordance with clause 10 below. 6.9 The Owner shall not be entitled to sell and/or transfer the Property until the Delivery Date, except with the prior written consent of the Builder. If the Builder so consents, the new purchaser and/or transferee of the Property must agree in writing to observe the terms and conditions of this Agreement. Where the Owner is a close corporation or a company, the sale of the Property referred to in this clause includes the sale of a member’s interest in a close corporation or the sale of shares in a company and where the Owner is a trust, the sale of the Property referred to in this clause includes a change of beneficiaries and trustees.

EXECUTION OF WORKS. 6.1 5.1. The Builder Contractor agrees to execute and complete the Works in accordance with the Unit Floor Building Plan, Specification and Schedule of Finishes and in accordance with industry norms. 6.2 5.2. The Architect Contractor shall ensure that the Unit Floor Building Plan and Specification and Schedule of Finishes complies with the provisions of the Constitution. 6.3 5.3. The Owner Employer shall in no manner whatsoever be entitled to interfere with, or allow any interference with the BuilderContractor, its’ employees, agents or subcontractors or with the completion of the Works, including but not limited to the giving of instructions or directions. 6.4 5.4. Notwithstanding any provision to the contrary herein, the Builder Contractor shall be entitled to, without reference to the OwnerEmployer, subcontract the whole or any part of its obligations in terms of this Agreement to any other person that it is in the opinion of the Builder Contractor qualified to execute the Works in a good, proper and workmanlike manner, but shall notwithstanding such appointment remain liable to the Owner Employer as the Builder Contractor in terms of this Agreement. 6.5 5.5. All specialists, merchants, tradesmen and sub-contractors who are to execute any work or supply any goods shall be contractors normally used by the main contractor appointed by the BuilderContractor. The main contractor shall be under no obligation to utilise the services of any other contractor or sub-contractor. 6.6 5.6. The OwnerEmployer, its officers, employees, agents and contractors shall not have any claim of any nature against the Builder Contractor or any of its officers, employees, agents and contractors for any loss, damage or injury which any of them may directly or indirectly suffer as a result of the execution of the Works (save in so far as such loss, damage or injury is caused through the BuilderContractor’s gross negligence). 6.7 5.7. In the event of any circumstances arising, caused by or attributable to the OwnerEmployer, which delays or which could have the effect of delaying the completion of the Works, or of increasing the cost of the Works, the Builder Contractor shall have the right, without prejudice to any other rights which it may have in terms of this Agreement, to disburse monies due and owing and incur expenses on behalf of the Owner Employer in order to facilitate the completion of the Works without first obtaining the consent of the OwnerEmployer. All such monies disbursed or expenses incurred shall be payable by the Owner Employer to the Builder Contractor on demand. The Builder Contractor shall within a reasonable time of disbursing such funds or incurring such expenses, notify the Owner Employer of the nature and extent thereof. 6.8 5.8. Should any dispute arise between the Parties as to -– 6.8.1 5.8.1. the amount of monies due and disbursed by the Builder Contractor on the OwnerEmployer’s behalf as contemplated in clause 6.7 5.7 above; or 6.8.2 5.8.2. whether the Works have been constructed substantially in accordance with the Unit Layout Plan, Specifications and Schedule of Finishes and/or has been erected in substantially the position as reflected on the Unit Layout Site Development Plan, as certified by the Principal Agent, such dispute shall be referred to the Principal Agent be Determined by either Party for determination an Expert in accordance with the provisions of clause 10 below9, provided that for purposes of determination of such dispute, the Expert shall be a member of either the South African Institute of Architects, or the South African Council for Project and Construction Management Professions (SACPCMP) or the Association of Construction and Project Managers (or their successors). 6.9 5.9. The Owner Employer shall not be entitled to sell and/or transfer the Property until the Delivery Date, except with the prior written consent of the BuilderContractor. If the Builder Contractor so consents, the new purchaser and/or transferee of the Property must agree in writing to observe the terms and conditions of this Agreement. Where the Owner Employer is a close corporation or a company, the sale of the Property referred to in this clause includes the sale of a member’s interest in a close corporation or the sale of shares in a company and where the Owner Employer is a trust, the sale of the Property referred to in this clause includes a change of beneficiaries and trustees.