RN Inc.

Did you know in terms of the GCC 2015, the Contractor may claim for an extension of time, time related general items and proven additional costs occasioned by employer’s risk events as identified in clause 8.3 (Excepted Risks), while other circumstances for which the contractor may claim for an extension of time, together with related additional time related items are contained in clause 5.12?

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Did you know that in terms of the JBCC PBA Ed 6.2, the contractor is entitled to an extension of the time for practical completion with an adjustment to the contract value for employer’s risk events as contained in clause 23.2, and the circumstances in which the contractor is entitled to only an extension of time without an adjustment to the contract value are contained in clause 23.1 of the contract?

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Did you know that in terms of clause 3.2 of the FIDIC Conditions of Contract for Plant-Design Build (2019), the Contractor shall give the Subcontractor right of access to and possession of so much of the Site within the times that shall be required to enable the Subcontractor to proceed with the ex*****on of the Subcontract works in accordance with the Subcontract Programme? The Contractor shall not be bound to make any part of the Site available exclusively to the Subcontractor.

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Did you know in the NEC Engineering and Construction Subcontract (2013), the Contractor allows access to and use of each part of the Site to the Subcontractor which is necessary for the work included in the subcontract? Access and use is allowed on or before the later of its subcontract access date and the date for access shown on the Accepted Programme.

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Did you know that in terms of clause 5.4.1 of the General Conditions of Subcontract for Subcontract Works, First Edition (2018), the Contractor shall upon being given an instruction to commence with the Subcontract Works, give to the Subcontractor right of access to the Subcontract Site, including physical access to the extent stipulated in the Subcontract Site Information?

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Did you know that clause 12.2.5 of the JBCC NSSA Edition 6.2, provides that the contractor shall give access to the subcontract works on the agreed date, such agreed date is included in the subcontract contract data?

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RN Inc & E-Cloud Construction Webinar

To book: https://fh.co.za/cod/documents/das/webinars/purchase/48

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RN Inc Celebrates 10 years of practice!!

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Did you know that in terms of clause 4.2 of the FIDIC (Redbook) 2017, the Contractor shall secure a Performance Security in the amount and currency specified within the Contract Data. If no amount is stated in the Contract Data, clause 4.2 will not apply.

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Did you know that clause 11.1 of the JBCC PBA, Edition 6.2 of 2018 provides that the contractor shall provide to the employer a guarantee for construction within fifteen (15) working days of acceptance of the contractor’s tender.

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Did you know that in terms of clause 13.3 of the FIDIC (Redbook) 2017, the Engineer may instruct variation by giving notice (describing the required change and stating any requirements for the recording of cost) or the Engineer may request a proposal before instructing a variation by notice?

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Did you know, that in terms of the NEC4, there is no formal variation order process outlined, however the Project Manager is entitled to give a contract instruction that amends the scope of works?

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Roelf Nel Inc. has collaborated with Ciarb of South Africa and CAPIC
to present amoot topic relating to the Contractor Participation Local Community Engagement Goals.

This email serves as a formal invitation to join us at The Wanderers Golf Club (Jhb) on 24 April 2024. The complete details of the event are contained in the above invitation.

Please note that your RSVP is essential to arrange entrance to the premises and for catering purposes.

NB: Please click on the below RSVP link below to register.

We would also like to take this opportunity to thank you for your continuous support.

We look forward to hosting you and seeing you at the event!

For more information or the banking Details for CIARB South Africa NPC to pay for your registration please contact RN Inc: 087 354 3704 / 012 021 0106

*** RSVP Link --> https://lnkd.in/d4HgcCAZ ***

📣Calling all construction industry stakeholders 📣

Join the Chartered Institute of Arbitrators (CIArb) South Africa Branch in collobaroration with RN Inc. and CAPIC as they discuss Contractor Participation Local Community Engagement Goals (CPG).

If you would like to attend this event register on the link below before 21 April 2024:

🔗----> Sign up link: https://forms.gle/UezDUeQdStMD7EZE6

Did you know that in terms of clause 6.3.1 of the GCC (2018), at any time before the issue of the Certificate of Completion, where the Employer's Agent shall require any variation of the form, quality or quantity of the works for any reason appropriate, the Employer's Agent has the power to order the Contractor to do so?

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Did you know that clause 17.1.2 of the JBCC PBA Ed 6.2, provides that the principal agent may issue contract instructions to the contractor regarding the alteration to design, standards or quantity of the works, provided that such contract instructions shall not substantially change the scope of works?

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Did you know that in terms of the common law where a party demonstrates an intention to no longer be bound to the terms of the agreement, the innocent party may elect to either accept such repudiation and terminate the agreement or elect to reject the repudiation and demand compliance with the terms of the agreement?

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Did you know that sub-clause 15.5 of the FIDIC contract allows the Employer to terminate the contract at any time for the Employer’s convenience by simply giving such notice of termination to the Contractor?

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Did you know that Clause 9 of the GCC Third Edition (2015) provides various ways the contract can be terminated including where anyone on behalf of the Contractor has paid, offered or offer as payment, to any person in the employ of the Employer or Employer’s Agent, a gratuity or reward or commission?

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Did you know that the JBCC PBA 2nd Ed 2018 provides that an Employer may terminate a contract where the Contractor has not complied timeously with a construction instruction or otherwise failed to provide and maintain a guarantee for construction?

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Did you know that in terms of clause 91.1 of the NEC 3 ECC under the heading reasons for termination, that either party to the contract may terminate the contract, should such party be an individual and presents his petition for bankruptcy. The same is applicable to a company if it has had a winding up order made against it.

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Did you know that in terms of Clause 5.12.2.2 of the GCC (2015), the Contractor is entitled to an extension of time when “abnormal climatic conditions” occur. However, normal rainfall and its effects will not be accepted as abnormal climatic conditions in terms of this clause.

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Did you know that in terms of the FIDIC (Redbook) 2017, the Contractor is entitled to an EOT due to exceptionally adverse climatic conditions, which is defined as adverse climatic conditions at the Site which are Unforeseeable having regard to the climatic data made available by the Employer and/or published in the Country for the geographical location of the site?

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Did you know that in terms of the NEC ECC 3, a contractor is allowed to notify a compensation event for weather conditions? Such is permitted to the extent that the weather data recorded within a calendar month is shown to occur on average less frequently than once in ten years.

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Did you know in terms of the JBCC PBA 6.2, adverse weather conditions encompassing not just rain but also extreme temperature, strong winds, hailstorms, and other intemperate weather that could inhibit progress towards practical completion, can entitle a contractor to a revision of the practical completion date without adjusting the contract value, provided they can demonstrate that all reasonable steps were taken to avoid or reduce the delay.

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Compliments for 2024 from RN Inc.!

We hope that everyone will have a great year ahead.

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Did you know that although the FIDIC Suite of Agreements does not explicitly state when a year-end break occurs, it does recognize rest days in line with Sub-clause 6.5, which states that no work shall be done on the site during this time. Additionally, the contract offers the contractor the option to include a year-end break in the contract data at their discretion.

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Did you know that in terms of the GCC (2015) special non-working days are, unless expressly stated otherwise, excluded from the calculation of any stipulated time-spans? The annual builder’s break is only included in the definition of a special non-working day if it is inserted as such in the Contract Data by the parties.

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Did you know that in terms of the JBCC PBA Ed. 6.2, the annual builder's break is only excluded from the definition of working days if the period is expressly recorded in the Contract Data? A warning to parties - if not stated in the Contract Data, periods stated in working days will continue to run despite the proclaimed annual builder's break.

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Did you know, that in terms of the NEC ECC 4, clause 51.4 states that interest is calculated on a daily basis at the interest rate and is compounded annually? Because it is in italics, the parties are required to identify the interest rate in the Contract Data.

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