The Minor Works Agreement is specifically designed for smaller construction projects in South Africa where a full standard construction contract would be overly complex. It is typically used for projects such as renovations, alterations, or small-scale new builds where the works are straightforward and the contract value is relatively modest. This document type incorporates essential requirements from South African construction law, including CIDB regulations, OHS Act requirements, and National Building Regulations, while maintaining a balance between legal comprehensiveness and practical usability. The agreement is structured to protect both parties' interests while providing clear guidelines for project execution, payment terms, and dispute resolution. It's particularly suitable for projects where the scope is well-defined and the construction period is relatively short.
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1. Parties: Identification and details of the Employer and Contractor, including registration numbers and physical addresses
2. Background: Brief context of the agreement and the intended works
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Works: Detailed description of the works to be performed by the Contractor
5. Contract Price and Payment Terms: Agreement on pricing, payment schedule, and payment mechanisms
6. Duration and Programme: Project timeline, completion date, and key milestones
7. Contractor's Obligations: Key responsibilities including workmanship, materials, and compliance with regulations
8. Employer's Obligations: Access to site, information provision, and other key responsibilities
9. Health and Safety: Safety requirements and responsibilities in accordance with OHS Act
10. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria
11. Risk and Insurance: Risk allocation and required insurance coverage
12. Defects Liability: Defects liability period and rectification procedures
13. Termination: Grounds and procedures for contract termination
14. Dispute Resolution: Procedures for handling disputes between parties
15. General Provisions: Standard legal clauses including notices, governing law, and entire agreement
1. Environmental Management: Required when works have significant environmental impact or require environmental permits
2. Security: Include when performance security or retention money is required
3. Variations: Detailed variation procedures for more complex projects
4. Subcontracting: Include when subcontracting will be permitted
5. Local Content Requirements: Required for projects with specific local content obligations
6. Training and Skills Development: Include when project includes training requirements
7. Force Majeure: Detailed force majeure provisions for longer-term projects
1. Schedule 1: Scope of Works: Detailed specifications, drawings, and technical requirements
2. Schedule 2: Contract Price Breakdown: Detailed breakdown of contract price and bill of quantities
3. Schedule 3: Programme: Detailed project timeline and milestone dates
4. Schedule 4: Site Information: Site details, access requirements, and existing conditions
5. Schedule 5: Insurance Requirements: Detailed insurance requirements and coverage levels
6. Schedule 6: Health and Safety Requirements: Specific health and safety requirements and procedures
7. Appendix A: Key Personnel: List of key personnel from both parties and their roles
8. Appendix B: Required Permits: List of required permits and responsibilities for obtaining them
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate
Facilities Management
Education
Healthcare
Retail
Hospitality
Industrial
Commercial Property
Residential Property
Public Sector
Relevant Teams
Legal
Operations
Procurement
Construction
Commercial
Risk Management
Property Management
Facilities Management
Project Management
Health & Safety
Technical Services
Relevant Roles
Construction Manager
Project Manager
Contracts Manager
Quantity Surveyor
Site Manager
Procurement Manager
Legal Counsel
Risk Manager
Operations Manager
Facilities Manager
Commercial Manager
Property Manager
Health and Safety Officer
Technical Director
Construction Director
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