We look at important provisions of the JBCC PBA Edition 6.1, changes in Edition 6.1 issued on 21 May 2014, as well as discussing both strong and weak points of the contract. An overview of key clauses is given, with special attention to the application of these clauses in real life situations.
Material is presented in an interactive manner, through case studies and practical examples.
Topics That Will Be Covered
- Structure of documents: Finding your way through the contract;
- Notices: Pitfalls around the service of notices and how to avoid problems when serving notices;
- Security: The different forms of security and some difficulties to be aware of when choosing;
- The Contractor’s lien and the payment guarantee;
- Works Risk and Insurance: Who is responsible for the care of the works, including potential risks which the contracts may expose the parties to;
- Instructions: Who may issue instructions, when these may be issued, what form these must take and how the Contractor is to be paid for instructions which increase the value of the work; what is the difference between a site instruction and a contract instruction;
- Difficulties with Practical Completion and Final Completion processes;
- The Contractor’s liability for latent defects;
- Extensions of Time: When the Contractor will get a revision to the date of practical completion and when the revised date brings additional money with it, the notification process and time bars, float time, the contractors entitlement to an extension of time & associated costs where he suspends the works;
- Payment: The process for getting payment and the consequences if the employer does not pay on time, employers right to pay a subcontractor directly & the contractors right to withhold payment from a subcontractor;
- Suspension & Termination: When the parties may terminate the contract and what the consequences of termination are; The process after notice of cancellation (cl 29.4 – 29.11);
- Dispute resolution; Changes in Edition 6.1 issued on 21 May 2014;
Outcomes Of The Workshop
Delegates will gain an understanding of the overall structure of the JBCC PBA and how to apply the relevant clauses of the PBA within the context of a contract as a whole, rather than applying individual clauses to individual events.
Our focus is equipping delegates with practical experience and real world application rather than merely running through the PBA clause-by-clause.
The Presenter
Roelf Nel
Roelf Nel obtained his degree cum laude from University of Pretoria. He is a practicing attorney, specializing in Construction and Engineering Law. His company, Buildforce provides consulting services to all role players in the built environment.
Roelf regularly presents CPD accredited workshops, as well as interactive work sessions at University of Pretoria. Roelf lead discussions on the Topic of “Mediation in Architecture” at Bloembuild Expo 2016, presented by SAIA Free State. Roelf presented several topics at the PIA professional practice program.
