Appendix 2
General Conditions of Contract for Construction Works, Third Edition (2015)
PRO FORMA
CONTRACT DATA
Please note that the words in italics are guidance notes and do not form part
of the Contract Data.
CONTRACT DATA FOR...The title of the Works
PART 1: DATA PROVIDED BY THE EMPLOYER
CONDITIONS OF CONTRACT
The General Conditions of Contract for Construction Works, Third Edition (2015)
published by the South African Institution of Civil Engineering, Private Bag X200, Halfway
House, 1685, is applicable to this Contract and is obtainable from www.saice.org.za.
CONTRACT SPECIFIC DATA
The following contract specific data, referring to the General Conditions of Contract for
Construction Works, Third Edition (2015) are applicable to this Contract:
Please refer to the Management Guide to the General Conditions of Contract (2015),
published by SAICE, for detailed guidance on the clauses requiring Contract Data.
Compulsory Data
Clause 1.1.1.13:
The Defects Liability Period is ... A time measured from the date of the Certificate of
Completion.
If there is no Defects Liability Period required, for instance for maintenance contracts,
then state "Not required".
Clause 1.1.1.14:
(Omit if the Contractor is to state the time for achieving Practical Completion.)
The time for achieving Practical Completion is … A time measured from the
Commencement
Date preferably in equal time measurement units like days, weeks or years.
Or, if Practical Completion in portions is required,
The times for achieving Practical Completion for the portions as set out in the Scope of
Work are:
For portion 1 within …
followed by further portions as required.
The time for achieving Practical Completion of the whole of the Works is …
Clause 1.1.1.15:
The name of the Employer is
…………………………………………………………………………………...
The legal name of the Employer.
Clause 1.2.1.2:
The address of the Employer is
………………………………………………………………………………...
The physical address, postal address, e-mail address and/or fax number where the
Employer will receive notices.
Clause 1.1.1.16:
The name of the Employer's Agent is
……………………………………………………………………….....
The legal name of the Employer's Agent.
Clause 1.2.1.2:
The address of the Employer's Agent is
……………………………………………………………………....
The physical address, postal address, e-mail address and/or fax number where the
Employer's Agent will receive notices.
Clause 1.1.1.26:
The Pricing Strategy is …………………… Either Re-measurement Contract or Fixed Price
Contract.
Clauses 5.1.1 and 5.8.1:
The non-working days are ……………………… Usually Sundays.
The special non-working days are:
1. Usually the public holidays or a selection of the public holidays, for example
certain religious holidays.
2. The year-end break commencing on …………… and ending on ………..…
Clause 5.3.1:
The documentation required before commencing with the Works are:
1. Health and Safety Plan (Refer to Clause 4.3)
2. Initial programme (Refer to Clause 5.6)
3. Security (Refer to Clause 6.2)
4. Insurance (Refer to Clause 8.6)
5. … Other requirements
Clause 5.3.2:
The time to submit the documentation required before commencement of the Works is
………… days.
A reasonable time is 28 days.
Clause 5.13.1:
The penalty for failing to complete the Works is ……………………………………………..
……………....
Monetary value per day.
Or, if completion in portions is required:
The penalty for failing to complete portion 1, as set out in the Scope of Work,
is…………………………
followed by further portions as required.
The penalty for failing to complete the whole of the works is
…………………………………………….…
Clause 5.14.1:
The requirements for achieving Practical Completion are
………………………………………………..…
State all the requirements for the Works to reach a state of readiness, fit for the intended
purpose and occupation without danger or undue inconvenience to the Employer.
Or, if completion in portions is required:
The requirements for achieving Practical Completion for portion 1, as set out in the Scope
of Work, are …
Followed by further portions as required.
Clause 5.16.3:
The latent defects period is ………..… Usually 10 years for civil engineering works, 5
years for building works but shorter for certain electrical and mechanical engineering
works.
Clause 6.5.1.2.3:
The percentage allowance on the net cost of materials actually used in the completed
work is ……….
Omit if the Contractor is to state the overhead charges, otherwise state the percentage
value.
The percentage allowance on the gross remuneration of the workmen and foremen
actually engaged is ………………..
Omit if the Contractor is to state the overhead charges, otherwise state the percentage
value.
Clause 6.10.1.5:
The percentage advance on materials not yet built into the Permanent Works is ... A
percentage.
The percentage advance on Plant not yet supplied to Site is ………….. A percentage.
(State "Not required" if Plant is not fabricated or stored on other places than the Site.)
Clause 6.10.3:
The limit of retention money is ………………….... A monetary value usually decided in
conjunction with the security to be provided in terms of Clause 6.2.1. For financially
stronger contractors the liability for the performance guarantee is usually a higher
percentage with the limit of retention money at a lower amount.
Clause 8.6.1.1.2:
The value of Plant and materials supplied by the Employer to be included in the
insurance sum is …...
Monetary value. (State "Not Required" if no Plant and materials are supplied by the
Employer.)
Clause 8.6.1.1.3:
The amount to cover professional fees for repairing damage and loss to be included in
the insurance sum is …………………….. Monetary value.
Clause 8.6.1.3:
The limit of indemnity for liability insurance is ………………………. Monetary value.
Clause 10.5.3
The number of Adjudication Board Members to be appointed is …………………… Either
one or three.
Optional data Only the statements applicable to the options chosen should be
completed.
Clause 1.3.2: If the governing law is not the law of South Africa then:
The governing law is ... The law of the applicable country or jurisdiction.
Clause 1.3.3: If the language of the Contract and for written communications is not
English, then:
The language of the Contract and for written communications is … The applicable
language.
Clause 3.2.3: If the Employer's Agent must get specific approval from the Employer to
carry out any part of his functions or duties then:
The Employer's Agent shall obtain the specific approval of the Employer before carrying
out any of his functions or duties according to the following Clauses of the General
Conditions of Contract:
1. Clause ... Number, function or duty and if required, the financial or other limit
applicable.
2. Further Clauses as required.
Please note that getting specific approval from the Employer will delay decision-making
and this may increase the completion time and cost of the Works.
Clause 5.4.2: If the access and possession of the Site is not exclusive to the Contractor
then:
The access and possession of Site shall not be exclusive to the Contractor but as set out
in the Site Information.
Clause 6.8.2: If the value of payment certificates is to be adjusted by a Contract Price
Adjustment Factor then:
The value of the certificates issued shall be adjusted in accordance with the Contract
Price Adjustment Schedule with the following values:
If the value of x is not 0.1 then:
The value of “x” is ... The portion, expressed as a decimal of unity, not subject to
adjustment.
The values of the coefficients are:
a = ... Labour
b = ... Contractor’s equipment
c = ... Material
d = ... Fuel
Please note that the total of all the coefficients must equal 1.0.
The indices for “L”, “P”, “M” and “F” are the following as published by Statistics South
Africa: (If the indices are published by a different organisation, for example SEIFSA, then
delete "Statistics South Africa" and replace by the applicable publishing organisation.)
1. “L” is the “Labour Index” and shall be the
……………………………………………………………
Give the name of the relevant labour index and as published in the
…………………………………………………………………………………………………………….
Give the name of the statistical publication where the index can be found.
2. “P” is the “Contractor's Equipment Index” and shall be the
………………………………………..
Give the name of the relevant Contractor's Equipment index and as published in
the
…………………………………………………………………………………………………………….
Give the name of the statistical publication where the index can be found.
3. “M” is the “Materials Index” and shall be the ……………………………………………..
……….
Give the name of the relevant materials index and as published in the
……………………………………………………………………………………..…………………..
Give the name of the statistical publication where the index can be found.
4. “F” is the “Fuel Index” and shall be the ………………….
…………………………………………
Give the name of the relevant fuel index and as published in the
………………………………………………………………………………………………………….
Give the name of the statistical publication where the index can be found.
The base month is ……………………………….… Month and year prior to the closing of the
tender.
Clause 6.8.3: If price adjustments for variations in the costs of special materials are
allowed then:
Price adjustments for variations in the costs of special materials are allowed.
Clause 8.6.1: If a completely different type of insurance scheme than the scheme, with
additions, stated in the General Conditions of Contract is required, then:
Delete Clause 8.6.1 and replace it with ..... The requirements and/or details of the
insurance scheme.
If the Employer is to arrange the insurance, details of the insurance should be given to
allow the Contractor to arrange further insurance he might require.
Clause 8.6.1.2: If special risk insurance from Sasria is not required then:
A Coupon Policy for Special Risks Insurance issued by Sasria is not required.
Clause 8.6.1.4: If ground support insurance is required, then:
The Contractor shall effect and maintain ground support insurance as set out in the
Scope of Works.
Clause 8.6.1.5: If additional insurance is required then:
In addition to the insurances required in terms of General Conditions of Contract Clauses
8.6.1.1 to 8.6.1.4 the following insurance is also required ... The requirements and/or
details of the additional insurance.
Clause 8.6.5: If insurance is to be effected with an insurance company not necessarily in
South Africa then:
The insurances shall be effected with an insurance company registered in … Any country
or name of country.
Clause 10.5.1: If the preferred method of dispute resolution is by standing adjudication
instead of ad-hoc adjudication then:
Dispute resolution shall be by standing adjudication.
Clause 10.7.1: If the preferred method for the determination of disputes is arbitration
instead of litigation then:
The determination of disputes shall be by arbitration.
PART 2: DATA PROVIDED BY THE CONTRACTOR
Clause 1.1.1.9:
The name of the Contractor is ……………………………………….... The legal name of the
Contractor.
Clause 1.2.1.2:
The address of the Contractor is
………………………………………………………………………………..
The physical address, postal address, e-mail address and/or fax number where the
Contractor will receive notices.
Clause 1.1.1.14:
(Omit if the Employer is to state the time for achieving Practical Completion).
The time for achieving Practical Completion is ………………………………………..
……………………...
A time measured from the Commencement Date.
Or, if Practical Completion in portions is required:
The times for achieving Practical Completion for the portions as set out in the Scope of
Work are:
For portion 1 within ………………….……..…
followed by further portions as required.
The time for achieving Practical Completion of the whole of the Works is
………………………………..
Clause 6.2.1:
The security to be provided by the Contractor shall be one of the following:
Type of security Contractor's
(Indicate if Value Added Tax is excluded from the Contract Sum choice
and the value of the Works for calculating the percentages) (Indicate
"Yes" or "No")
Cash deposit of ..…% of the Contract Sum.
Fixed Performance Guarantee of ..… % of the Contract Sum.
Variable Performance Guarantee of ….. % of the Contract Sum for
the first period and ….. % of the Contract Sum for the second
period.
Retention of ..…% of the value of the Works.
Cash deposit of ..…% of the Contract Sum plus retention of …..%
of the value of the Works.
Fixed Performance guarantee of ..…% of the Contract Sum plus
retention of …..% of the value of the Works.
Variable Performance Guarantee of ….. % of the Contract Sum for
the first period and ….. % of the Contract Sum for the second
period plus retention of ..… % of the value of the Works.
Note: In the ‘Standard for Uniformity in Construction Procurement’ in Section 4.4.4.4 it is
stated that: "Retention monies that are held shall not exceed 10% of any amount due to
a contractor. Where guarantees of an insurance company or bank that are provided are
equal to or greater than 10% of the contract price, the total amount of retention monies
held shall not exceed 5% of the contract price."
Clause 6.5.1.2.3:
The percentage allowance on the net cost of materials actually used in the completed
work is …….…
Omit if the Employer is to state the overhead charges, otherwise state the percentage
value.
The percentage allowance on the gross remuneration of the workmen and foremen
actually engaged is . . Omit if the Employer is to state the overhead charges, otherwise
state the percentage value.
Clause 6.8.3: If price adjustments for a variation in the costs of special materials is
allowed then:
The variation in cost of special materials is
Type of special material Unit Rate or price
(The type of special materials may be listed, leaving the unit and rate or price to the
tenderers to fill in or the tenderers are allowed to state the type of special materials, the
unit and the rate or price.)
