Specific Preliminaries for use with the 2018 JBCC MWA edition 5.
JBCC Edition 5.2 MAY 2018
ASAQS LUMP SUM PRELIMINARIES FOR JBCC MWA 5.2 – MAY 2018
PROJECT SPECIFIC PRELIMINARIES
Disclaimer
While the ASAQS aims to ensure that its publications represent best practice, the ASAQS does
not accept or assume any liability or responsibility for any events or consequences which derive
from the use of the Project Specific Preliminaries. Such document is not exhaustive and is
therefore only intended to provide general guidance to those who wish to make use of it. This
publication is provided "as is" without warranty of any kind, either expressed or implied including
but without limitation to warranties of merchantability, fitness for a particular purpose and non-
infringement
User note
Delete the above "Disclaimer" when preparing this Project Specific Preliminaries for tender or
contract purposes
Hereinafter edit all text, etc but even more specifically text within "?...?" to ensure that such text
applies to the specific building agreement
Note that the dotted grid lines in this document will cease to be visible on printing
BUILDING AGREEMENT AND PRELIMINARIES
The JBCC Minor Works Agreement (Edition 5.2 – May 2018) prepared by the Joint Building
Contracts Committee shall be the applicable building agreement, amended as hereinafter
described
The JBCC Minor Works Agreement contract data form an integral part of this agreement
The JBCC General Preliminaries (May 2018) published by the Joint Building Contracts Committee
for use with the JBCC Minor Works Agreement (Edition 5.2 – May 2018) shall be deemed to be
incorporated in this project specific preliminaries, amended as hereinafter described
The contractor is deemed to have referred to the abovementioned documents for the full intent
and meaning of each clause
The relevant clauses in the abovementioned documents are hereinafter referred to by clause
number and heading only
Where standard clauses or alternatives are not entirely applicable to this agreement such
amendments, modifications, corrections or supplements as will apply are given under each
relevant clause heading and such amendments, modifications, corrections or supplements shall
take precedence notwithstanding anything to the contrary contained in the abovementioned
documents
User note
Insert, suitably edited, the following clauses where the General Preambles for Trades 2017
published by the Association of South African Quantity Surveyors is applicable
PREAMBLES FOR TRADES
1.
ASAQS LUMP SUM PRELIMINARIES FOR JBCC MWA 5.2 – MAY 2018
The General Preambles for Trades 2017 published by the Association of South African Quantity
Surveyors shall be deemed to be incorporated in this Project Specific Preliminaries
Supplementary preambles and/or specifications are incorporated in this Project Specific
Preliminaries to satisfy the requirements of this project. Such supplementary preambles and/or
specifications shall take precedence over the provisions of the General Preambles
The contract sum shall take account of and include where applicable for all of the obligations,
requirements and specifications given in the General Preambles and in any supplementary
preambles and/or specifications
User note
Insert, suitably edited, the following clause where a project specific specification is applicable
? SPECIFICATION
A project specific specification is incorporated in this agreement to satisfy the requirements of the
project
The contract sum shall take account of and include for all the obligations and requirements
stipulated in the project specific specifications ?
User note
Insert the following clause if a schedule of rates is provided
? SCHEDULE OF RATES
The schedule of rates (Annexure ? of this contract document) shall only be utilised to determine
the contract value of contract instructions and for no other purpose. The contractor shall price
the items in the schedule of rates and submit such with the tender
The items in the schedule of rates utilise abbreviated descriptions. It is the intention that the
abbreviated descriptions be fully described when read with the applicable measuring system and
the relevant preambles and/or specifications. However, should the full intent and meaning of any
description not be clear, the contractor shall, before submission of his tender, call for a written
directive from the principal agent, failing which it shall be assumed that the contractor has
allowed in his pricing for materials and workmanship in terms of international best practice
STRUCTURE OF THIS PRELIMINARIES
Section A : Amendments, modifications, corrections or supplements to the aforementioned
JBCC Minor Works Agreement
Section B : Amendments, modifications, corrections or supplements to the aforementioned
JBCC General Preliminaries
Section C : Any special clauses to meet the particular circumstances of the project
Section D : Monetary allowances
SECTION A : MINOR WORKS AGREEMENT
2.
ASAQS LUMP SUM PRELIMINARIES FOR JBCC MWA 5.2 – MAY 2018
1. Clause 1.0 - Definitions and interpretation
Contract sum
The contract sum to include, unless otherwise stated, for all materials, fabrication, conveyance
and delivery, unloading, storing, unpacking, hoisting, labour, setting, fitting and fixing in position,
cutting and waste (except where to be measured in accordance with the standard system of
measurement), patterns, models and templates, plant, temporary works, returning of packaging,
duties, taxes (other than Value Added Tax), imposts, establishment charges, overheads, profit and
all other obligations arising out of this agreement. Value Added Tax (VAT) is to be separately
stated in the contract data
The contract sum shall include for all construction equipment, temporary works, services and
other items and shall include for the supply, maintenance, operating cost and subsequent removal
and making good as necessary
Legal status of contractor
If the contractor constitutes a joint venture, consortium or other unincorporated grouping of two
or more persons then:
1. These persons are deemed to be jointly and severally liable to the employer for the
performance of this agreement
2. These persons shall notify the employer of their leader who has assigned authority to bind
the contractor and each of these persons
3. The contractor shall not alter its composition or legal status without the prior written consent
of the employer
2. Clause 2.0 - Law, regulations and notices
User note
Insert the following for residential developments only
The cost to the employer of the NHBRC levies mentioned below is to be conveyed to the employer
in order to present an overall building cost
? NHBRC levies
The employer shall allow for and pay any levies required by the National Home Builders
Registration Council (NHBRC). The contractor warrants that he is registered and will maintain
registration with the NHBRC for the duration of this agreement [2.1] ?
3. Clause 4.0 - Documents
Value Added Tax
Provision is made in the contract data for inclusion in the contract sum of Value Added Tax
(VAT)
3.
ASAQS LUMP SUM PRELIMINARIES FOR JBCC MWA 5.2 – MAY 2018
User note
Insert the following where applicable
? Electronic issue of drawings
All drawings for this project will be issued electronically and the contractor shall be deemed to
have received such drawings on the date that such drawings have been dispatched electronically
[4.5] ?
4. Clause 5.0 - Employer's agents
User note
Delegated authority may be dealt with in B 5.0 of the contract data. Insert in the contract data
"Refer to the Project Specific Preliminaries" should it be dealt with in this Project Specific
Preliminaries
? Delegated authority
The authority of the principal agent to issue contract instructions [14.1] and perform duties for
specific aspects of the works is delegated to agents as follows [5.2]. This does not preclude the
principal agent to also issue such contract instructions ?
User note
The delegated authority for the architect (ie duties and contract instructions) is stated hereunder.
Delete if not applicable. Add other consultants as may be necessary
? 1. Architect
Note that the contract instructions are selected from those listed in clause 14.1 of the JBCC MWA
1.1 Duties [5.2] :
The architect is responsible for the architectural design, functional design and quality inspection
of the works
1.2 Contract instructions [5.2; 14.1] :
1.2.1 Rectification of discrepancies, errors in descriptions or quantity or omissions of items in
this agreement other than in the JBCC Minor Works Agreement
1.2.2 Alteration to design, quality or quantity of the works provided that such contract
instructions shall not substantially change the scope of the works
1.2.3 The site [12.0]
1.2.4 Compliance with the law, regulations and bylaws [2.1]
1.2.5 Provision and testing of samples of materials and goods and/or finishes or assemblies
of elements of the works
4.
ASAQS LUMP SUM PRELIMINARIES FOR JBCC MWA 5.2 – MAY 2018
1.2.6 Opening up of work for inspection, removal or re-execution
1.2.7 Removal or re-execution of work
1.2.8 Removal or substitution of any materials and goods
1.2.9 Protection of the works
1.2.10 Making good physical loss and repairing damage to the works [17.2.2]
1.2.11 Rectification of defects [16.4; 16.8]
1.2.12 A list for practical completion specifying outstanding or defective work to be rectified
to achieve practical completion and a list for completion and a list for final
completion specifying outstanding or defective work to be rectified to achieve final
completion
1.2.13 Expenditure of employer allowances and/or prime cost amounts
1.2.14 Work by direct contractors [13.0]
1.2.15 On suspension or termination, protection of the works, removal of construction
equipment and surplus materials and goods [21.6.1] ?
5. Clause 9.0 - Securities
User note
If it is deemed advisable, the extent of any guarantee for payment may be stated and whether it is
required of the contractor to waive his lien. Edit the following clause
? Guarantee for payment
The employer shall provide to the contractor a guarantee for payment in the amount of
?...................................................Rand (R..........................) ?. The contractor shall consequently
waive his lien or right of continuing possession of the works [9.2] ?
User note
Where it is expected of the contractor to waive his lien in terms of clause 11.10, the waiver of lien
may be extended to subcontracts as follows:
? Extension of waiver of lien
The contractor shall ensure that a waiver of lien or right of continuing possession of the works is
included in all subcontracts and that the works executed on the site are kept free of all such liens
and other encumbrances at all times [9.2] ?
6. Clause 11.0 - Obligations of the contractor
? Office accommodation
5.
ASAQS LUMP SUM PRELIMINARIES FOR JBCC MWA 5.2 – MAY 2018
The contractor shall provide, maintain and remove on practical completion air conditioned office
accommodation with suitable tables and chairs for meetings to be held on the site. Such offices
shall be kept clean and fit for use at all times [11.2.5] ?
? Notice board
The contractor shall erect in a position approved by the principal agent, maintain and remove
on practical completion a notice board recommended by the South African Institute of Architects
and as approved by the principal agent listing the names and logos of the employer, the
contractor, and the professional consultants. No subcontractor or supplier notice boards may
be erected unless permission is granted by the principal agent for such notice boards to be
erected [11.2.5] ?
Statutory and other notices
The contractor shall submit and/or comply with all statutory and other notices that may be
required by any local or other authority in order not to cause any delay to the commencement of
the works by the contractor. The contractor shall pay all deposits or fees in this regard
It is, however, specifically recorded that the employer shall be responsible for the timeous
approval of building plans by any local or other authorities and the payment of any fees or charges
related thereto
7. Clause 13.0 - Direct contractors
Attendance on direct contractors
In respect of direct contractors the contractor shall:
1. Designate an area for the direct contractor to establish a temporary office and workshop
and storage of equipment and materials
2. Allow the use of personnel welfare facilities, where provided
3. Provide water, lighting and single phase electric power to a position within 50m of the place
where the direct contract work is to be carried out, other than fuel or power for
commissioning of any installation
4. Permit the direct contractor to use erected scaffolding, hoisting facilities, etc provided by
the contractor, in common with others having the like right, while it remains erected on the
site [13.1]
8. Clause 14.0 - Contract instructions
? Site instructions
Instructions issued on site are to be recorded in a site instruction book which is to be supplied
and maintained on site by the contractor ?
9. Clause 17.0 - Revision of date for practical completion
Substitution of materials and goods
6.
ASAQS LUMP SUM PRELIMINARIES FOR JBCC MWA 5.2 – MAY 2018
The removal or substitution of any materials and goods which do not conform to the specification
or the contract drawings shall not constitute grounds for the extension of the construction
period nor for the adjustment of the contract value [14.1.8; 17.1 & 2]
10. Clause 19.0 - Payment
Prices submitted
Where prices are submitted by the contractor or subcontractor during the progress of the works
in respect of contract instructions or in regard to a claim under the terms of this agreement and
notwithstanding the fact that such prices may be used in an interim payment certificate, there is
to be no presumption of acceptance. Should the principal agent wish to accept any such prices
prior to the issue of the certificate of final completion, it shall be in writing
11. Clause 20.0 - Adjustment of the contract value and final account
Cost of claims
All costs incurred by the contractor in the preparation of claims shall be borne by the contractor.
This provision shall not preclude an adjudicator or an arbitrator appointed in terms of this
agreement [22.5 & 6] from making a determination on costs
12. Agreement
The required information of the parties and the accepted contract sum shall be inserted in the
agreement for signature of the agreement by the parties
13. Contract data
User note
Insert under the above headings, with sub-headings, any amendments, modifications, corrections
or supplements to the contract data
Tenderer's selections
Before submission of his tender the contractor is to complete the tenderer's selections in the
contract data
User note
All information for the above requires consultation with the contractor. The principal agent should
not pre-select any of the alternatives available to the contractor
SECTION B : GENERAL PRELIMINARIES
User note
Amendments, modifications, corrections or supplements to the General Preliminaries in Section B
should be recorded in the contract data
7.
ASAQS LUMP SUM PRELIMINARIES FOR JBCC MWA 5.2 – MAY 2018
Should it be necessary to expand on any of the General Preliminaries clauses, the user should list
the appropriate General Preliminaries clause number and heading and insert under a suitable sub-
heading as may be necessary
14. Clause 4.2 - Enclosure of the works
User note
Describe any specific hoarding requirements, other than already described in clause 4.2 or in the
contract data
15. Clause 9.1 - Responsibility for prime cost amounts
? The contractor shall allow in the contract sum for the stated prime cost amounts and for
overheads and profit and for taking delivery, unloading, checking against invoices and/or delivery
notes, getting in, unpacking, storing, hoisting and fixing of such materials and goods ?
16. Clause 10.1 - General attendance
This clause refers to nominated and selected subcontractors and does therefore not apply to the
JBCC MWA
17. Clause 10.2 - Special attendance
This clause refers to nominated and selected subcontractors and does therefore not apply to the
JBCC MWA
18. Clause 11.5 - Disturbance
User note
The following clause may be used should "disturbance" [11.5] need to be extended
Disturbance
? All work is to be carried out in such a manner as to cause no unacceptable or unreasonable
dust, noise, vibrations, nuisance, inconvenience, annoyance and the like to the public, others,
other properties and traffic in so far as they exceed the permissible limitations set by government
legislation or by the local authority. Any delays, stoppages and the like arising from or in order to
comply with the above will not constitute grounds for an adjustment to the construction period
or contract value whatsoever ?
19. Clause 11.6 - Environmental disturbance
? Controlling all forms of pollution
The contractor shall be responsible for and take all precautions in controlling by whatever means
necessary all forms of pollution emanating from the site during the construction period due inter
alia to noise, artificial light, wind-blown sand, dust, deposits of mud, etc
The contractor is to ensure that all roads which border the site and are used by the contractor
during the execution of the works are kept clean and free of any dirt or debris caused by the
execution of the works ?
8.
ASAQS LUMP SUM PRELIMINARIES FOR JBCC MWA 5.2 – MAY 2018
User note
Insert the following clause if an environmental management plan (EMP) is available and insert the
EMP in an annexure
? Environmental management plan
The employer has prepared an environmental management plan (EMP) (refer to Annexure ? for
a copy of the relevant plan). The contractor shall allow in the contract sum for compliance with
all the requirements of such EMP ?
SECTION C : SPECIFIC PRELIMINARIES
User note
Users shall avoid inserting in Section C items which may be construed as amending, modifying,
correcting or supplementing the provisions of the JBCC Minor Works Agreement. Such
amendments, modifications, corrections or supplements should be kept to the absolute minimum
and should be inserted in Section A under the recited clause headings of the JBCC Minor Works
Agreement in this project specific preliminaries
Selected examples of typical clauses are provided to indicate ways of describing such clauses.
Users must delete, adapt or add to these examples to suit their particular circumstances
20. Warranties for materials and workmanship
Where warranties for materials and/or workmanship are called for, the contractor shall obtain a
written warranty, addressed to the employer, from the entity supplying the materials and/or
executing the work and shall deliver same to the principal agent on the final completion of the
contract
The warranty shall state that workmanship, materials and installation are warranted for a specific
period from the date of practical completion and that any defects that may arise during the
specified period shall be made good at the expense of the entity supplying the materials and/or
doing the work, upon written notice to do so
The warranty will not be enforced if the work is damaged by defects in the execution of the works,
in which case the responsibility for replacement shall rest entirely with the contractor
21. Overtime
Should overtime be required to be worked for any reason whatsoever, the cost of such overtime
is to be borne by the contractor unless the principal agent has specifically authorised, prior to
execution thereof, that costs for such overtime are to be borne by the employer
22. Cooperation of the contractor for cost management
It is specifically agreed that the contractor accepts the obligation of assisting the principal agent
in implementing proper cost management. The contractor will be advised by the principal agent
of all cost management procedures which will be implemented to ensure that the contract value
does not exceed the budget
23. Overloading
9.
ASAQS LUMP SUM PRELIMINARIES FOR JBCC MWA 5.2 – MAY 2018
The contractor shall take all necessary steps to ensure that no damage occurs due to overloading
of any portion of the works or temporary works eg scaffolding, etc. The contractor shall submit
details of his proposed loading, storage, plant erection, etc to the principal agent for approval
prior to proceeding with such loading, storing or erecting and shall comply with and pay for the
principal agent's requirements in connection with the provision of temporary support work, etc.
Any damage caused to the works by overloading shall be made good by the contractor at his
sole expense
24. Propping of floors below
The contractor is advised that propping of floors below may be required if he wishes to use any
areas of completed suspended reinforced concrete slabs for vehicle access, storage of materials
and goods and location of plant, scaffolding, etc. The location of these areas and any necessary
propping shall be approved by the principal agent and the cost thereof shall be borne by the
contractor
25. Testing of flat roof waterproofing for watertightness
Flat roof waterproof areas shall be flooded and kept "ponded" for at least forty (40) hours as a test
to ensure the watertightness of the waterproofing and before any further construction work is
carried out above the waterproofing
26. Health and safety
User note
Insert the following where a health and safety specification is not yet available. Note that there is
an obligation on the employer to ensure that the contractor has priced for the compliance with the
act and the regulations and the reasonable provisions of the health and safety specification
Without limiting the generality of the provisions of clause 2.0, the contractor's attention is drawn
to the provisions of the Construction Regulations issued in terms of the Occupational Health and
Safety Act, 1993 as amended. It is specifically stated that the employer shall prepare a
documented health and safety specification for the works and that the employer shall ensure that
the contractor has made provision for the cost of health and safety measures during the execution
of the works. The contractor shall price for compliance with the act and the regulations and the
reasonable provisions of the aforementioned health and safety specification [2.1]
User note
Insert the following where a health and safety specification is available. Note that there is an
obligation on the employer to ensure that the contractor has priced for the compliance with the act
and the regulations and the reasonable provisions of the health and safety specification
Health and safety
Without limiting the generality of the provisions of clause 2.0, the contractor's attention is drawn
to the provisions of the Construction Regulations issued in terms of the Occupational Health and
Safety Act, 1993 as amended. It is specifically stated that the employer shall prepare a
documented health and safety specification for the works (refer to Annexure ? for a copy of the
relevant specification) and that the employer shall ensure that the contractor has made provision
for the cost of health and safety measures during the execution of the works. The contractor
shall price for compliance with the act and the regulations and the provisions of the aforementioned
health and safety specification [2.1]
10.
ASAQS LUMP SUM PRELIMINARIES FOR JBCC MWA 5.2 – MAY 2018
The contractor shall:
1. Comply with the health and safety specification for the works
2. Prepare and agree with the health and safety consultant the health and safety plan for the
works
3. Cooperate with the health and safety consultant in all respects
4. Manage the compliance of all subcontractors with the regulations and with the health and
safety plan and specification
5. Conform to the conditions contained in the employer's health and safety specification
27. Green star building certification
User note
Insert the provisions called for by the relevant green star consultant should it be a requirement that
the project be submitted for green star certification
28. Broad based black economic empowerment (BBBEE)
Tenders submitted will be evaluated taking into account their empowerment rating
The employer will be monitoring the broad based black economic empowerment (BBBEE) status
of the contractor throughout the execution of the works
The contractor is to submit to the principal agent on an annual basis a schedule of spend, split
into vendors engaged as subcontractors and suppliers indicating their BBBEE rating including
proof of the said rating
29. Advertising rights
The employer may elect to contract with advertising agencies for the erection of advertising
hoardings, banners, wraps or the like for the duration of the contract. The contractor shall not
prevent such an arrangement and will assist in the facilitation of same. The position and type of
advertising structure to be agreed with the principal agent so as not to hinder the contractor in
meeting the obligations under this agreement
30. Confidentiality
The contractor undertakes to maintain in confidence any and all information regarding this project
and shall obtain appropriate similar undertakings from all subcontractors and suppliers. Such
information shall not be used in any way except in connection with the execution of the works
No information regarding this project shall be published or disclosed without the prior written
consent of the employer
31. Media releases
All rights of publication of articles in the media, together with any advertising relating thereto or in
any way connected with this project, shall vest with the employer
11.
ASAQS LUMP SUM PRELIMINARIES FOR JBCC MWA 5.2 – MAY 2018
The contractor together with his subcontractors shall not, without the prior written consent of the
employer, cause any statement or advertisement connected with this project to be printed,
screened or aired by the media
SECTION D : MONETARY ALLOWANCES
32. Prime cost amounts
User note
List each of the prime cost amounts under a suitable heading in bold
33. Employer allowances
User note
List each of the employer allowances and separately contingency allowances under a suitable
heading in bold
34. ? Contingency
User note
Insert one of the following clauses as may be required
Provide the sum of ?R............................. (....................Rand)? for contingencies to be used at the
discretion of the principal agent and deducted in whole or in part if not required ?
? Contingency
Allow ?......................... (.....) per cent of the contract sum excluding contingencies for
contingencies to be used at the discretion of the principal agent and deducted in whole or in part
if not required ?
12.
