Jbcc Nominated Subcontractor AgreementJBCC Nominated Subcontractor Agreement • July 28th, 2021
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Jbcc nominated subcontractor agreement pdfJBCC Nominated Subcontractor Agreement • August 7th, 2021
In recent years, several large South African construction companies have buckled under economic distress, often resulting in protracted business rescue proceedings and terminations of the main contracts by employers. In the case of ongoing projects, this would likely result in direct engagement between the employer and SMMEs to achieve continuity of the project prior to the appointment of a new contractor. In such circumstances, it is not uncommon for a subcontractor to seek payment directly from the employer for work done but not paid for by the main contractor. Does the subcontractor have recourse against the employer? Privity of contract is a well-established legal principal in South African law that means only the parties who voluntarily enter into an agreement are bound and have obligations and rights under that agreement. The subcontractor enters into an agreement with the main contractor to perform certain works on the project. The main contract for the works is separate from th
Jbcc nominated subcontractor agreement pdfJBCC Nominated Subcontractor Agreement • April 7th, 2021
The JBCC Principal Building Agreement (PBA) has always been popular for its extensive nominated/selected subcontractor regime. The latest iteration of the PBA, dated May 2018 (edition 6.2), continues this regime, together with the accompanying Nominated/Selected Subcontractor Agreement (N/SA) edition 6.2. Despite the various amendments to the PBA and N/SA, the JBCC nominated/selected subcontractor regime has largely remained the same. Although the majority of changes have improved the regime, various fundamental issues have not been addressed - most notably in relation to the subcontractor's design responsibility. However, it can be expected that these agreements will remain as popular as ever. The JBCC Principal Building Agreement The PBA differentiates between 'nominated' subcontractors and 'selected' subcontractors. A subcontractor under the PBA is assumed to fall under one of these categories and to have been appointed under the terms of the JBCC N/SA – something which should be bo
