Get Help Regarding Construction Agreements
Do you need to set up construction agreements? Are you not sure how to structure the agreements to minimise the risk of disputes? Do you want help from construction lawyers in drafting and reviewing such agreements? If you have answered yes to any of the questions above, you will be glad to know that help from construction lawyers is available for the above and more.
However, let us first look at the various options regarding construction agreements. This will help you understand how we can help to resolve disputes, review agreements, address breaches in contract, and draft appropriate construction agreements.
JBCC Series 2000 Principal Building Agreement
Various editions are used within the building industry. It is essential to understand the shortcomings and advantages of each, should you plan to use the standard building agreement from this series. You can get help from our construction lawyers in determining which edition to use and how it can be adapted to your specific building project.
The JBCC documents are prepared to ensure standardisation in the building and construction industry regarding agreements. These documents are provided to ensure the Joint Building Contracts Committee’s code of good practice is supported. In effect, the purpose of these agreements is to ensure fair and even distribution of contractual risk. As such, the documents provide clear wording to reduce the risk of misunderstandings. The documents set out the rights and obligations of the parties to the agreements, and are drafted to protect the employer, contractor, and subcontractor teams.
The publications of the Joint Building Contracts Committee are revised from time to time to ensure relevancy with current building legislation. It is thus imperative to make use of the right edition of documents to ensure legislative compliance. We recommend getting help from construction lawyers, such as available from Allardyce & Partners, regarding the interpretation, reviewing and changes to any JBCC principle building agreements.
NEC3 Family of Contracts
The NEC3 series of contracts are documents specifically drafted for the creation of sound legal relationships in terms of engineering and construction contracts. These contracts are suited for the procurement of various services, products, and works. These end-to-end building and engineering project management agreements are drafted to help ensure on-time and within-budget delivery of products and services to the highest standards. The contracts are flexible enough to be used across all sectors and through all stages of project management. Get professional help from our construction lawyers in drafting, adapting, reviewing, or litigating regarding breaches related to NEC3 contracts.
FIDIC Contracts
The FIDIC contracts are drafted by the International Federation of Consulting Engineers and are construction contracts widely used in the consulting industry. These contracts follow a balanced approach regarding the distribution of risk, and rights and obligations of parties to the contracts. With every project being unique, these contracts can be adapted to suit the particular country and project. However, expert guidance in editing and adding to the contracts for client specific requirements is essential. To this end, you will appreciate the help available from our construction lawyers.
General Conditions for Construction Works
The Construction Industry Development Board (CIDB) is a South African national body that develops the construction industry for better infrastructure delivery in South Africa. The CIDB sets the guidelines for the use of contracts relevant to the construction industry. The CIDB also publishes the General Conditions of Contract for Construction Works, called the GCC 2004, which consists of 58 clauses that set out the general risks, rights, liabilities, and obligations of the parties to a contract and the procedures for administration of the legal agreement.
Be sure to use one of the standard forms of contracts relevant to the construction industry. Make use of our construction lawyers’ help regarding the selection, changes, review, dispute resolution, or litigation regarding such a construction agreement.
It is imperative to ensure that the agreement provides the necessary checks and balances to protect all parties to the contract. Since disputes regarding service delivery and payment in the construction industry are not uncommon, we recommend also adding a relevant clause regarding dispute resolution through arbitration to reduce the risk of lengthy court procedures in order to address breaches in contract.
Get help from construction lawyers in Johannesburg. Call 011 234 2125 for assistance.
Disclaimer: This article is for information purposes only and does not constitute legal advice. Call on our attorneys for legal advice, rather than relying on the information herein to make any decisions. The information is relevant to the date of publishing – October 2018.
