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pertain to she or hers and vice versa. This Agreement concerns equally across gender.] ARTICLES OF AGREEMENT Made the _______________day of _________________________20______ THE PARTIES ENTERING INTO THIS CONTRACTOR AGREEMENT ARE: (hereinafter referred to as "the Owner") (hereinafter referred to as "the Contractor") For reason of delivery of any notice or notification or for payment of any monetary value, and therefore legal proceedings can be instituted, the parties confirm the above detailed addresses as their physical addresses. Change of the physical addresses information will be entitled at any time by one of the parties contacting the other through written notice. Whereas the Owner is desirous of constructing a ________________________ _______________________________________________________________ (hereinafter referred to as "the Works") Which will be constructed at the following address ______________________ _______________________________________________________________ _______________________________________________________________ (hereinafter referred to as "the Property") The _________________________________ will be constructed in accordance with the plans, drawings and specifications occupied hereto, and signed by the parties: In addition the Contractor has agreed to implement and undertake the said Works on the said Property in agreement with the plans, drawings and specifications occupied and relating to this Contractor Agreement, which is signed by the parties. THIS AGREEMENT IS ENTERED INTO BY THE PATRIES WHO WILL BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS: 1. For the attention hereinafter stated, the Works will be implemented and undertaken by the Contractor in agreement with the plans, drawings and the specifications and the terms and conditions occupied and relating to this document. 1.1. The sum of __________________ will be paid by the Owner to the Contractor
the Owner. at any time. and 3. In agreement with the requirements set out hereunder. the Local Authority. Furthermore it is agreed that there will be no additional accompaniments. adaptations or amendments shall be endured and funded by the Owner.1. Building Society. . shall be accrued if any instalment is not paid on the due date. drawings and specifications without obtaining the receipt of prior written consent from the other party. any discounts or concessions in terms of this Contractor Agreement will be forfeited. labour and / or manufacturers assurance warranty and/or guarantee. 40% on supply of all material and onset of work 3.3. should be undertaken and obtained by The Contractor.2. Interest at the rate of 2%. drawings and specifications of the Works. as specified in this document. the said interest shall accrue from stipulated due date for payment. greater than the lowest lending rate charged by commercial banks to their customers. It is agreed that The Owner certifies that he has registered ownership of the Property. 3. The Contractor shall be informed by the Owner in writing in the event of the property not being registered in the name of the Owner. the Contractor shall be permitted to collect progress payments as the Works advance: 3.(hereinafter denoted as the "Contract Sum") In this Contractor Agreement it is agreed that any plans. The residual 10% on reception of contract.1. The Owner shall be responsible for signing all the necessary and relevant documentation when the Contract Sum is to be paid on the Owner's behalf by a finance company.1. alternatives or variants to the said final plans.1 of this document. drawings or specifications that involves the Contractor in an additional expense. to enable the Contractor to obtain payment as per the agreed timetable set out in section 3. adaptation or amendment to the said plans. Furthermore. 50% within seven days of the Works completion. Bank or other financial institution. The Owner will be harmless with regard to any violations. whether before. drawings and specifications mentioned in this document are the final plans. thus the Contractor shall accordingly indemnify the Owner. The acquirement of the necessary approval and consent from the local authority or any other relevant statutory body concerned for the Works.1.1. If for any reason. then the outlay of fulfilling with such modifications. thus they form an essential part of this Agreement. The instalments of the Contract Sum will be met as follows: 3. Mortgager or any other relevant statutory requires any modification. during or after the construction of the Works.
the Owner shall conform with Clause 3. act or oversight on the part of the Owner or any other reason outside of the Contractor's jurisdiction.COMMENCEMENT AND COMPLETION: shall be given The Contractor shall complete the Works within ___________________ weeks.2.4. If any act. and/or 4.1. The Works cannot be commenced by the Contractor until: 4.3. there is availability of the mandatory facilities including electricity.1. If the seasonal holiday period of the Building Industry coincides with the completion phase. other forms of finance have been permitted appropriate and the mortgage bond. the Contractor will not be liable for damages or otherwise and the Owner shall not for such reason have any claim against the Contractor 4. the date of completion shall be the date on which the Works are finished and all building debris. decree.1. ordinance. water and sanitation on the Property and free of charge. estimated from the date of possession. Excluding where specifically stated otherwise. where applicable. then the date of completion shall be extended by _______________ days. has been removed from the Property.3. lock out. in such event: 4. and / or 4. or oversight on the part of the Owner prevents the Contractor commencing or proceeding with the implementation of the Works then. exceptionally extreme weather or any adaptation. If the Works completion is delayed as a result of unforeseen circumstances.1. including but not restricted to any shortages or deficiencies in materials.1. or . by-law and regulation). consent or other authority approval required under any law (including any statute. a rational and reasonable extension to the original schedule of works shall be granted to the Contractor.1. then: 4. amendment. strike action.3.1 in the event of the Contractor not being able to deliver the materials and commence the Works. for the determinations of this Contractor Agreement. political or civil disturbance or riots. The Contractor obtains the compulsory sanction. 4. as generated during the construction.1.1.2. has been legally registered.
provided that any damage after completion shall not be required to make good at the Contractors cost. The Contractor shall possess any unfixed materials that are delivered to the Property and required for the construction of the Works under this Contractor Agreement. the Owner shall conform with Clause 3. be the responsibility of the Contractor. for the period within which the said Works remains incomplete. as detailed in Clause 4. OWNERSHIP OF MATERIALS: 6. negligence. 7.2. the insurance against Public Liability on or about the works will remain the responsibility of the Contractor. neglect. The Contractor shall only be responsible for damages sustained by the Owner under conditions of normal use and service in terms of the preceding paragraph. as liquidated and ascertained damages. the Contractor fails to complete the Works. From the date of commencement. under any circumstances. mistreatment or accident. In the event that the Contractor is unable to complete the Works. then the Contractor shall pay the Owner the penalty amount of ___________ per day.4. settlement occurring in the ground below. as per the terms of clause 3. which may appear within 24 months following the completion of the Works. and the Contractor shall.2. unless it is agreed that the said damage is owing to injury which took place before completion. any such damages may be deducted from the monies due to the Contractor by the Owner. The Contractor shall indemnify against all risks and hazards to 100% of the insurable . Subject to the requirements of the proceeding paragraph. until the Works have been completed. the said materials will remain the property of the Contractor until payment by the Owner is complete. provided that the Contractor is not in contravention with his obligations in terms of this Contractor Agreement. The Contractor categorically guarantees assurance that Workman’s Compensation is paid up and complied with. If during the period stipulated in the foregoing sub-clause or any extended period sanctioned in writing by the Owner. typically dispensed by a reliable insurance company in respect of residential properties and any consequent loss or damage will not be the responsibility of the Contractor. due to materials or workmanship not in accordance with this Contract.4. unless otherwise agreed upon by both parties. Additionally any unfixed excess materials remain the property of the Contractor. Any faults or defects triggered by sub-surface water. The Contractor shall not be liable for loss or damage in respect of or occurring from any risk insured against the terms of home owner's insurance policies. shall within a rational time after delivery of the Owner's written instruction be amended by the Contractor and. the Contractor undertakes the following: Any patent deficiency or other errors. under no circumstances be responsible for loss or damage caused by general wear and tear. habitual shrinking or geological instabilities will not. misappropriation.1. at the Contractors own cost.
The Contractor shall be permitted to give the Owner 7 days written notification. The Contractor shall be entitled to. Should this Contractor Agreement be determined by the Owner defaulting. or should the Owner commit a violation of any of the terms of this Contractor Agreement. exclusive of prejudice to any additional rights which the Contractor may have in terms of this Agreement or in law. then the Contractor shall receive payment of a liquidated and established pre-estimate of compensations in the amount of 20% of the Contract Sum. The period that the Works cease shall operate as an extension of the time stipulated for completion of the Works. for the reasons of attaining judgment whether by default or otherwise. or other Works personnel employed by or acting on behalf of the Contractor shall not be issued instructions.4 or Clause 8. 9. suffer interference. by registered/recorded post. as proof of any amount owed to the Contractor in terms of this Agreement. summary judgment or provisional sentence against the Owner in any Court of Law which has jurisdiction in respect thereof. The Contractor may use a Certificate signed by the Contractor's Auditor stipulating the sum due by the Owner to the Contractor.worth of the Works. forthwith. provided that the above necessities shall in no way impede any other right or solution that the Contractor may have in law. or beyond that rationally considered by or provided for in this Contractor Agreement. after providing 7 days written notice. until the said default has been resolved or the Owner has made payment. In addition to a cease of Works in terms of this Clause. shall be assessed and a value decided upon by the Owner and the Contractor and the said value shall be paid to the Contractor by the Owner on completion of the Works. or is defaulting in any other way. A performance bond will be issued by the Contractor in favour of the Owner to pay for losses or damages in the event of the Contractor defaulting. sub-contractors. if the Owner's estate's conditionally sequestrated or provisionally wound up as insolvent. CONTRACTOR'S DEFAULT: 10. 8. cease work under this agreement if the Owner does not pay the Contractor. all of which terms shall be material. the Contractor may. as per Clause 4. Any expense or loss incurred by the Contractor. as detailed in Clause 3. Workmen. of his intentions to terminate the Contractor Agreement if the default as detailed in clause 9 should continue for 14 days or more. due to the actions on the part of the Owner. determine the Agreement. or be hindered or obstructed by the Owner either personally or through his agent. The Contractor is seen to be defaulting in any of the subsequent respects if he undertakes the following: .
refuses to proceed with the Works with competency and conscientiousness. The arbitrator can be assigned by either one of the parties through the relevant Association having jurisdiction in the area. exclusive of prejudice to any additional rights covered herein. In such event all damages incurred by the Owner by reason of the said default will be the responsibility of the Contractor. then the Owner shall be responsible for choosing substitute materials of a similar quality from an array of comparable materials which the Contractor deems readily procurable. determine the employment of the Contractor under this Agreement. MATERIALS IN SHORT SUPPLY: 11. rather the Contractor is working in his faculty as an independent contractor. This is subject to the prearrangement that a party will be entitled to introduce action in a Higher Court.10. which is not otherwise subject to arbitration in terms hereof.2. in short supply or undeliverable in accordance with the Works deadlines. 13. these variations shall be carried out and the Contract Sum shall be adjusted accordingly. 14. 15. if after receiving written notification from the owner. 12. If the Contractor and the Owner have any form dispute or disagreement resulting from and/or during the currency of the Agreement. The Contractor shall hold the Owner harmless and thereby indemnify the Owner for any claims involving but not restricted to liability insurance. The valuation adjustment shall be assessed on the basis of other valuations of similar work detailed under this Contractor Agreement. providing no disagreement has been professed in terms of Clause 14. by registered/recorded post. or 10. If any of the materials agreed upon and detailed in the said Specification are. worker's compensation and withholding of tax for Contractor's employees. Both parties hereby explicitly consent to the jurisdiction of the Local Court albeit such entitlement may otherwise surpass that specific Court's jurisdiction to arbitrate on any disagreement occurring out of this Contractor Agreement.1. 10. the Owner may. unavailable. suspends the Works before completion without rational or reasonable cause. or 10. being a company. by written and registered notification determine the employment of the Contractor under this Agreement if the Contractor's estate is appropriated as insolvent or if.4. the Contractor persists in refusing to eliminate faulty or substandard areas of work or inappropriate materials. The Owner may. The Owner does not have employer status where the Contractor is concerned. it is retained under voluntary or obligatory liquidation. the said dispute or disagreement shall be referred to arbitration. and the said default continues for more than 14 days then. . or upon termination or cancellation thereof. The Owner may require and authorise variations. Confirmation of the amended Contract Sum must be agreed on by both parties and sanctioned in writing.3. exclusive of prejudice to any other rights he may have in terms of this Contractor Agreement or in law.
16. the Owner and the Contractor. This document and any attached appendices comprise the sole and absolute Contractor Agreement between the Owner and the Contractor with regard to the subject matter hereof and the parties waive the right to rely on any assumed direct provision not covered herein. In writing.1. addition. 18.1. 18.3. No reduction by either party of any of its rights in terms of this agreement during in any period shall prejudice or be a relinquishment of its rights (unless it is a waiver in writing) and it shall be authorised to practice its rights henceforth as if such reduction had not taken place. lien releases and final lien releases from all subcontractors and suppliers must be provided by the Contractor directly. Written cancellation must be delivered to the other party at their physical stated address. 18. deletion or cancellation to or of this agreement shall be effective or valid unless it is: 18. No waiver of any right under this agreement or no variation. 18. and signed by both parties. the Owner and the Contractor.1. 18. Cancellation within this time period will incur no penalties whatsoever. 17. agreed to by both parties.1. The Contractor or the Owner have the right to cancel this Contract agreement within 72 hours (3 days) of signing it. 18.1. Signed at __________________on this _________day of________________20____ SIGNATURE _____________________________(Owner) WITNESS 1: _____________________________ WITNESS 2: _____________________________ SIGNATURE _____________________________(Contractor) Contractor's Legal Name: WITNESS 1: _____________________________ WITNESS 2: _____________________________ .2. When they are due the immediate provision of receipt of payments.3.2. No party may relinquish any of its rights or assign any of its responsibilities in terms of this Contractor Agreement without the prior consent of the other parties in writing.
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