This workshop will cover some important provisions in the JBCC N/S and MWA agreements as the provisions of the subcontract agreement has important implications for the employer and his agent as well as the contractor.
Delegates will gain an understanding of the overall structure of the JBCC suite of documents and how to use the N/S and MWA within the context of a project.
NSA & MWA WORKSHOP
• The contracting relationship
• Different types of subcontractor recognised by JBCC;
• General obligations of the parties
• Programming the work of subcontractors under JBCC;
• Payment guarantees: When does the subcontractor get these? (cl 3)
• Security: Retention vs payment reduction; (cl 14)
• Risk & Insurances (cl 8 -12)
• Design responsibility: Who is liable when a subcontractor does design work?
• Contractor’s instructions
• Employer’s agent: What role does the employer’s agent serve under the subcontract agreement?
• Subcontractors claims with particular focus on the procedure to be followed when claiming;
• Interim payment to subcontractors;
• Stages of completion with particular focus on interim completion;
• Suspension & termination of the subcontract agreement.
• Damages for non-performance vs penalties;
With specific reference to the MWA:
• When to use the MWA
• Role of the Employers Agent (the Principal Agent) under the MWA
• Extensions of time – entitlement to claim and time bars
• Penalties – how to calculate them, when to enforce them;
• Termination of the MWA.
About 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.
