4 - P & Gs

BILL NO.
PRELIMINARY AND GENERAL
(APPLICABLE TO THE WHOLE CONTRACT)
ARTICLES OF AGREEMENT AND CONDITIONS OF

CONTRACT
The Form of Contract for the Works shall be the

Agreement and Schedule of Conditions of Building
Contract, NJPC 2000; Edition One, where quantities form
part of the Contract as sanctioned by The National Joint
Practice Committee and The Zimbabwe Construction
Industry Council. The Contractor is referred to the
printed form for the full intent and meaning of each
Clause and he must allow opposite each item as
hereinafter set out whatever costs he may consider
necessary for carrying out and observance of same not
elsewhere provided for in the Bills of Quantities. A lump
sum price for the total Preliminary and Generally will not
be accepted and each item must be priced separately into
variable and fixed items. (F indicates Fixed, V indicates
Variable and T indicates Time).
The additional terms set out hereunder are supplementary

to and shall be deemed to form part of the said Contract
and are to be priced accordingly. In the case of
inconsistency the terms hereinafter set out will prevail
over the terms and conditions set out in the form
hereinbefore referred to.
Item Clause Amount
CONDITIONS OF CONTRACT
INTERPRETATION
A Interpretation
1.1 Any reference in the contract documents to a provision in

an Act of Parliament or Statutory instrument or Regulation
or Order shall include any modification, re-enactment or
extension of it for the time being in force.
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1.2 Words incorporating the singular meaning shall include the
plural and vice versa, and where appropriate, words
denoting the masculine gender include the feminine gender
and words denoting natural persons shall include firms and
corporations and all such words shall be construed
interchangeable in that manner.
1.3 References in the contract documents to clauses refer to

the clauses in these Conditions of Contract unless otherwise
stated.
1.4 When the administrator has issued any certificate under

this agreement it shall be issued to the principal
contractor with a duplicate copy to the employer. Any
certificate, which has not been signed by the administrator,
shall have no effect for the purposes of this agreement.
1.5 Wherever under this agreement provision is made for the

giving or issue of any application, notice, consent, approval,
certificate, confirmation or determination by any person,
unless otherwise specified such application, notice, consent,
approval, certificate, confirmation or determination shall be
in writing. The words notify, certify, confirm or
determine shall be construed accordingly. Any such notice,
consent, approval, certificate, confirmation or determination
shall not be unreasonably given, withheld or delayed.
1.6 In the event that any part or parts of this agreement is/are
determined to be invalid or unenforceable, such
determination shall not affect the validity of any remaining
portion, which shall remain in force and effect as if this
agreement had been executed with the invalid part or parts
deleted, and it is agreed that the intention of the parties is
that they would have executed the remaining portion of this
agreement without including any such part or parts which
may for any reason be declared invalid or unenforceable.
1.7 All additions, amendments and variations to this agreement

shall be binding only if in writing and signed by the duly
authorised representatives of the employer and of the
principal contractor.
1.8 This agreement supersedes any previous agreements or

arrangements between the parties whether oral or in writing
and represents the entire understanding between the parties.
F....................... V....................... T.......................

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A Notices
1.9 In respect of a notice to be given, written acknowledgement

of receipt shall be obtained.
1.10 The addresses, facsimile numbers or e-mail addresses for

sending notices or correspondence to the employer, the
principal contractor, the administrator and the other
members of the consultant team shall be those stated in this
agreement or such other address, facsimile number or e-mail
address as the recipient may have previously notified in
writing to all other relevant persons.
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B Law
1.11 The only law applicable to this agreement is the law of the
Republic of Zimbabwe.
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OBJECTIVE
C Execution and payment for the Works

2.1 This agreement is made between the principal contractor
and the employer who is desirous of having the works
executed by the principal contractor.
2.2 The employer shall pay the principal contractor for the
execution of the works in terms of this agreement.
Principal Contractors Obligations
3.1 The principal contractor shall provide everything necessary

and shall carry out and complete the works to the
satisfaction of the administrator:
as shown and described by the contract documents
by the date or dates for completion
in accordance with the provisions of this agreement
3.2 The principal contractor, when requested by the

administrator, shall provide the administrator or any
direct contractor with all such information in regard to the
works as may be required.
F....................... V....................... T.......................
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PREPARATION
A Documents
4.1 The administrator shall arrange for the signing of this

agreement.
4.2 The original contract documents shall be held by the

administrator and shall be produced as and when required
by the employer, the principal contractor or any member
of the consultant team. The administrator shall furnish to
the principal contractor, the employer and the members of
the consultant team one copy each of the signed contract
documents at the employer's cost. The administrator will
supply, at the cost of the employer, to the principal
contractor
an additional set of the contract documents which shall be
kept at the site and to which the employer or any member of
the consultant team shall have access.
4.3 The documents shall be mutually explanatory of one another.

If either party or a member of the consultant team finds any
discrepancy between any parts of the contract documents
they shall inform the administrator. The administrator
shall issue an instruction as to the manner in which the
difference shall be dealt with.
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B Programme
5.1 The principal contractor shall within 15 days, or such other

period as may be stated in the appendix, of the instruction
to proceed submit to the administrator two copies of the
programme.
5.2 The programme shall contain the following:

start and finish dates (including any known sectional
completion dates)
key activity dates
information required dates
subcontractor tender, start and finish dates
5.3 Upon receipt of the programme, the administrator will

review the same within 5 days. One copy of the
programme shall be returned to the principal contractor
marked either reviewed or resubmit. In the case of
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resubmit, the administrator shall state the reasons for
resubmission and the principal contractor may amend the
programme and resubmit it within 5 days. No review of the
programme by the administrator shall relieve the
principal contractor of the principal contractors
obligations under this agreement.
5.4 Within 2 days of the programme being reviewed, the

principal contractor shall supply to the administrator 4
copies of the programme or such other number as may be
specified in the appendix.
5.5 If at any time it appears to the administrator that actual

progress of the works does not conform to the programme
which has been reviewed, the principal contractor shall
submit within 5 days at the request of the administrator, a
revised programme showing the modifications to such
programme to ensure completion of the works by the date
for completion.
5.6 Any revised programme shall follow the review procedure

set out above.
F....................... V....................... T.......................
A Design
6.1 Except as provided in this clause, the principal contractor

shall not be responsible for the design of the works.
6.2 Where it is so stated in the contract documents, the

principal contractor shall carry out the design of the
principal contractors designed works and shall, in so
doing, be fully responsible for the same and have the same
liability to the employer as that of an appropriate
professional designer.
6.3 Where the principal contractor specifies a proprietary

designed item the principal contractor, through the
supplier, is responsible for the design of the same and the
item shall form part of the principal contractors designed
works.
6.4 The principal contractor shall, as part of the principal

contractors designed works, ensure:
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6.4.1 co-operation with the administrator, the consultant team
and such other persons as may be necessary or as the
administrator may instruct;
6.4.2 responsibility for the programming of the principal

contractors designed works. The principal contractor is
to issue a design programme showing a schedule of drawings
and their issue dates and the dates by which review under
clause 6.11 is to be completed. If the principal contractor
fails to issue the design programme timeously, responsibility
for delays as a result of late
review of drawings shall rest with the principal contractor;
6.4.3 the giving of all consents, comments, approvals or

instructions required so as not to delay or disrupt the
progress of the works.
6.5 The administrator shall timeously issue to the principal

contractor a full set of co-ordinated drawings together with
all subsequent revisions. The principal contractor shall
ensure that the principal contractors designed works are
in accordance with the latest revision of the co-ordinated
drawings.
6.6 The administrator shall be entitled to issue instructions to

the principal contractor in respect of matters affecting the
principal contractors designed works and the principal
contractor shall comply with the same.
6.7 Any drawing issued by either the administrator or the

principal contractor shall have on it the following items of
information:
revision number
date of revision
concise description of the change
changes highlighted by clouding
all earlier revision information.
6.8 The principal contractor shall, in relation to the principal

contractors designed works comply with all statutory
requirements and obtain all necessary approvals, consents
and permissions required by the statutory requirements.
6.9 The principal contractor shall be responsible for all

mistakes, inaccuracies, discrepancies and omissions in the
design of the principal contractors designed works.
6.10 The principal contractor shall provide the administrator,

free of charge, 3 copies or such other number as may be
specified in the appendix of all drawings, details,
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specifications, levels, setting out dimensions and calculations
as are necessary to explain, amplify, show or describe the
principal contractors designed works at such times as not
to delay or disrupt the progress of the works and having
regard to any schedule for the release of information which
may be agreed between the administrator and the principal
contractor. The relevant number of copies applies to each
submission including all revisions.
6.11 The administrator will review any design information

submitted by the principal contractor and shall return one
copy of the same to the principal contractor. The returned
information shall be marked either reviewed, reviewed as
noted or resubmit. In the case of reviewed the principal
contractor may proceed to fabrication or construction on the
basis of the information as submitted. In the case of
reviewed as noted the principal contractor may proceed
to fabrication or construction taking into account the notes
provided by the administrator. In the case of resubmit the
principal contractor must resubmit the information for
review prior to commencing fabrication or construction.
6.12 In the event of a resubmission of information for review, the

review shall be carried out within a time period equal to that
allowed by the principal contractor in the design
programme.
6.13 No review carried out by, or instruction given by the

administrator shall relieve the principal contractor of any
responsibility or liability.
6.14 Any error, divergence, omission or discrepancy in all or any

of the documents prepared by the principal contractor as
part of the principal contractors designed works shall be
corrected and there shall be no addition to the contract sum.
The principal contractor shall indemnify the employer
against any cost, liability, loss, claim or proceedings suffered
or incurred.
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A Royalties, Patent Rights and Copyright
7.1 The principal contractor shall indemnify the employer

from and against all claims, proceedings, damages, costs and
expenses to which the employer may be put by reason of the
principal contractor infringing or being held to have
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infringed any patent or other rights in relation to any
patented articles, processes, inventions or copyright or other
intellectual property rights unless the principal contractor
uses the same as specified by the administrator. In which
case all royalties, damages or other monies for which the
principal contractor may be liable to pay shall be
reimbursed by the employer.
7.2 In the event of any claims being made or proceedings

instituted against the employer to which the above
indemnity applies, the employer shall promptly notify the
principal contractor of the same. The principal
contractor may in the employers name deal with such
claim. If the principal contractor fails to notify
the employer within 20 days that the principal contractor
intends to deal with the same then the employer shall be
free to deal with the claim.
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A Confidentiality
8.1 The principal contractor shall not, without the prior

approval of the employer use in any publicity or advertising
or publish alone or in conjunction with any other person, any
articles, photographs or other illustrations relating to the
works.
8.2 None of the contract documents shall be used by either

contracting party, their servants or agents, for any purpose
other than in connection with this agreement.
8.3 Except where necessary for the execution of the works

neither party shall at any time for any reason disclose to any
person or otherwise make use of any confidential
information which has come into that partys possession
relating to the works or concerning the other party without
that partys consent. This restriction shall continue to apply,
without limitation in point of time, unless and until such
information comes properly into the public domain.
F....................... V....................... T.......................
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A Consultant Team
9.1 The employer has appointed the consultant team as detailed

in the appendix. The employer may appoint such further
persons to be members of the consultant team.
9.2 The principal contractor shall afford the consultant team

every facility for the performance of their duties.
9.3 In the event of any member of the consultant team being

unable to continue to act, the employer shall timeously
appoint a further person whose identity shall be notified to
the principal contractor in writing.
9.4 A member of the consultant team appointed after the

signing of this agreement shall not be a person against
whom the principal contractor shall make objection.
9.5 The administrator shall have authority to delegate any of

the administrators functions under this agreement to any
other member of the consultant team, which shall be within
their normally accepted professional roles. The
administrator shall issue an instruction to the principal
contractor specifying the exact nature of any delegation and
any limits placed on the authority of the member of the
consultant team to whom the delegation refers.
9.6 If it becomes necessary to appoint a new administrator, the

person appointed shall not be entitled to disregard or
overrule any certificate, opinion, decision, approval or
instruction given or expressed by the previous
administrator to the prejudice of the principal contractor.
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B Principal Contractors Representative
10.1 The principal contractor shall, during working hours, keep

on site during the execution of the works a competent person
or persons to control the works. The principal contractor
shall notify the name(s) of such representative(s) to the
administrator in writing.
Compliance with Regulations
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11.1 The principal contractor shall comply with, and give all
notices required by the statutory requirements except to the
extent that such notices shall have been given by or on behalf
of the employer.
11.2 If the principal contractor shall find any divergence

between the contract documents or instructions and the
statutory requirements, the principal contractor shall
immediately notify the administrator specifying the
divergence. The administrator shall issue an instruction as
to the manner in which any such
divergence shall be resolved.
11.3 The principal contractor shall pay and indemnify the

employer against liability in respect of any fees or charges
legally demandable under any of the statutory
requirements with regard to the works.
11.4 The principal contractor shall comply with and shall ensure
compliance by all others on site with all the respective duties
and obligations under and pursuant to the statutory
requirements. The principal contractor may issue
directions to those on site concerning the statutory
requirements. Those on site shall comply with all such
directions.
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A Works' Risk
12.1 The principal contractor shall take full responsibility for

the care of the works from and including the date that the
principal contractor obtains access to the site under clause
15.2 up to and including the date of issue of the completion
certificate. Immediately following the issue of the
completion certificate,
responsibility for the care of the works shall pass to the
employer. In the case of sectional completion, responsibility
for the care of that portion of the works for which a
completion certificate has been issued shall likewise be
passed to the
employer.
12.2 The principal contractor shall make good physical loss or

repair damage to the works, which shall include clearing
away and removing from site all debris resulting therefrom,
occurring after the commencement date and prior to or on
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the date of issue of the completion certificate. Where
sectional completion applies, this provision also applies to
each section.
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A Employers Risks
12.3 In the event of physical loss or damage occurring as a result

of any of the employers risks the principal contractor
shall, if and to the extent Instructed by the administrator,
rectify the loss or damage. The costs incurred by the
principal contractor shall be dealt with under the
provisions relating to adjustment of the contract sum and
additional costs. In the case of a combination of risks
causing loss or damage, the proportional responsibility of
the principal contractor and the employer shall be taken
into account.
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B Indemnities
13.1 The principal contractor shall, in respect of the carrying out

of the works, be liable for and shall indemnify the employer
against any expense, liability, loss, claim or proceedings
whatsoever:
arising under any statute or at common law in respect of
personal injury to or the death of any person
in respect of any injury or damage to any external
property.
13.2 If under clause 13.1 the liability is due to any act or neglect
of the employer or any person for whom the employer is
responsible, then the principal contractor shall not be liable
for the same. For the avoidance of doubt, the members of the
consultant team in the course of their duties on-site are
persons for whom the
employer is responsible.
F....................... V....................... T.......................
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A Insurance
14.1 Where it is stated in the appendix that the project insurance

provisions apply Then clauses 14.2 to 14.6 apply. In any
other case the provisions of clauses 14.7 to 14.17 apply.
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B Project Insurance
14.2 The Contractor shall provide for and effect the following
insurances:-
Third Party Insurance (Persons and Property) to cover during

the Contract and Defects Liability Periods both the
Employers and Contractors legal liabilities for accidents
arising out of the performance of the Contract including fire,
flood, subsidence and vibration risks. Indemnity not less
than $1 000 000,00 any one accident/unlimited during the
period of the Contract. This policy to be in the joint names
of the Employer and the Contractor.
"All Risks" insurance including riots to Plant and Contract

works, Materials, Plant and Equipment brought onto the
Contract Site for the purpose of the said Contract, against all
insurable risks. Materials paid for by the Employer to be
covered whilst temporarily stored prior to delivery to site
and whilst in transit. The "All RISKS" insurance to be
effected for the full Contract price plus 20% for escalation
and Consultant's fees and to be maintained from the
commencement of the Contract until the Works are taken
over by the Employer and the Defects Liability Period
commences. This policy to be in the joint names of the
Employer and the Contractor.
14.3 The principal contractor shall carry out the principal

contractors obligations under this agreement and shall
ensure that all subcontractors carry out their respective
obligations in such manner that all requirements, terms,
conditions, stipulations and provisos of project insurance
are, at all times, fully complied with.
14.4 Upon the happening of any event which results in any claim
being made under project insurance the principal
contractor shall restore work damaged, replace or repair any
unfixed materials or goods which have been destroyed or
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injured, remove and dispose of any debris and proceed with
the carrying out and
completion of the works.
14.5 The properly incurred costs of the principal contractor as

valued by the administrator shall be paid by the employer
to the principal contractor under interim payment
certificates.
14.6 The employer shall produce for inspection full details of and
receipts for premiums paid in respect of project insurance
to the administrator and the principal contractor.
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A Principal Contractor's Insurances
14.7 The principal contractor shall take out and maintain a joint
names policy for all risks insurance for the full
reinstatement value of the works plus the percentage, if any,
stated in the appendix to cover professional fees. The
principal contractor shall maintain the joint names policy
up to and including the day of issue of the completion
certificate or the date of cancellation of the principal
contractors employment under the cancellation provisions
whichever is the earlier.
14.8 Where the full reinstatement value increases above the sum
stated in the tender, the employer will reimburse the
principal contractor for any additional premium payable. If
the full reinstatement value decreases any refund of
premium shall be repaid to the employer.
14.9 The joint names policy shall be taken out with insurers
approved by the employer and the principal contractor
shall send to the administrator for deposit with the
employer that policy and the cover note.
14.10 If the principal contractor defaults in taking out or in

maintaining the joint names policy the employer may
himself take out project insurance and the contract sum
shall be adjusted in respect of the amount paid for
premiums.
14.11 If any loss or damage affecting work executed or materials

on site is occasioned by any one or more of the risks
covered by the joint names policy then upon discovering
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the same the principal contractor shall immediately give
notice to the administrator of the extent and nature of the
loss or damage.
14.12 The principal contractor shall restore work damaged,

replace or repair any unfixed materials or goods which have
been destroyed or injured, remove and dispose of any debris
and proceed with the carrying out and completion of the
works.
14.13 In respect of any monies payable arising from an insurance

claim, there shall be opened in the financial institution
named in the appendix an account in the joint names of the
employer and the principal contractor. That joint account
shall have three signatories, being a representative of each of
the employer and the principal contractor together with
the adjudicator. The account shall require any two
signatories to allow withdrawal of the funds.
14.14 The principal contractor shall authorise the insurers to pay

all monies from such insurance in respect of loss or damage
to the account that shall be termed the insurance fund.
14.15 The monies paid into the insurance fund shall be held on
deposit at interest.
14.16 Where the employer, in interim payment certificates,

provides payment to the principal contractor in respect of
the costs of restoration, replacement or repair of the loss or
damage arising in respect of the insurance claim, then the
employer shall be entitled to be reimbursed the same from
the insurance fund together with accrued interest.
14.17 The principal contractor shall not be entitled to any

payment in respect of the restoration, replacement or repair
of such loss or damage and the removal and disposal of
debris other than the monies received under the insurance.
14.18 The principal contractor shall take out and maintain

insurance in respect of claims arising under clause 13.1.
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EXECUTION
A Commencement
15.1 The commencement date shall be stated in the appendix.
15.2 The employer will, subject to clause 15.4, on the

commencement date give to the principal contractor
access but not exclusive or uninterrupted access to so much
of the site as may be required to enable the principal
contractor to commence and proceed with the works and
will, from time to time as the works proceed give to the
principal contractor access to such further portions of the
site as may be required to enable the principal contractor
to proceed with the works and to meet the date for
completion.
15.3 The principal contractor shall be deemed to be in control

of any building operations at the site.
15.4 The administrator may, before the commencement date,

defer the commencement date for a period of time not
exceeding 60 days.
15.5 The administrator may instruct the principal contractor to

suspend the whole or any part of the works.
Access to the Works
16.1 The employer and the consultant team shall have access to
the works, workshops and other places of the principal
contractor, and subcontractors where any work is being
prepared, executed or stored for the works during working
hours.
16.2 The principal contractor shall, by prior arrangement with

the administrator, for the purposes of the obligations under
this agreement, have access to any section of the works
handed over to the employer.
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B Site Safety
17.1 The principal contractor shall at all times comply with the
statutory requirements concerning site safety.
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17.2 The principal contractor shall appoint a safety
representative for the site, whose identity will be made
known to the administrator.
17.3 The principal contractor, prior to commencing work on

site will supply the administrator with a copy of the
principal contractors safety policy.
17.4 The principal contractor shall inform the administrator of

any safety-related incident at the earliest opportunity.
A Draft Instructions
18.1 Where the administrator intends to issue an instruction the

administrator may submit a draft instruction to the
principal contractor with a request that the principal
contractor submit, within 5 days or such other period as
may be agreed, to the administrator:
an assessment of any adjustment to the contract sum
which may result from the issue of an instruction
an assessment of the amount of any additional costs which
may arise
an assessment of the time within which he would execute
the instruction
an assessment of any adjustment to the contract period
such other information as the administrator may require.
18.2 Any agreement to the principal contractors assessments

shall be confirmed in writing by the administrator and shall
be binding on the principal contractor and the employer.
18.3 If agreement is not reached on all or any of the matters set

out in clause 18.1, then:
18.3.1 the administrator may nevertheless issue the instruction.

The provisions of this agreement with regard to
adjustment of time and additional costs may apply to any
matters not agreed; or
18.3.2 the administrator may decide not to issue the instruction,

in which case the principal contractor will have no claim
whatsoever.
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A Instructions
19.1 The principal contractor shall comply with all instructions

issued by the administrator.
19.2 All instructions shall be in writing.
19.3 Where in any instruction a time period is specified for

compliance with the instruction the principal contractor
shall comply with the same.
19.4 If the principal contractor fails to comply with any time

period specified in an instruction, the administrator may,
after first giving the principal contractor 5 days notice of
the intention, cause others to be employed to carry out such
work as may be necessary to comply with the instruction.
All costs incurred in obtaining compliance with the
instruction shall be ascertained by the administrator and
shall be for the principal contractors account.
19.5 For the avoidance of doubt, it is confirmed that the

administrator shall have power to issue instructions to the
principal contractor prior to but not after the issue of the
completion certificate.
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B Setting out
20.1 Prior to the commencement date, the administrator shall

arrange for the site to be identified by beacons and
benchmarks or any other method as may be agreed with the
principal contractor and physically handed over to the
principal
contractor.
20.2 The administrator shall furnish to the principal

contractor, by either dimensioned drawings or supervision
such information as shall enable the principal contractor to
set out the works.
20.3 The principal contractor shall be responsible for and shall

at the principal contractors cost amend any errors arising
from the principal contractors inaccurate setting out.
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20.4 The principal contractor shall at the principal
contractor's cost reinstate any disturbance to the setting out
under clause 20.1.
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A Assignment
21.1 Neither the employer, nor the principal contractor, shall

assign any rights or obligations under this agreement
without the written consent of the other party.
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B Subcontractors
22.1 Any subcontractor appointed by the principal contractor

shall enter into a contract with the principal contractor
incorporating either the NJPC building subcontract or the
NJPC building nominated subcontract which conditions
shall not be amended. A nominated subcontractor shall
also enter into an NJPC
building employer / nominated subcontractor agreement.
The administrator shall ensure that an agreement is in place
prior to a nominated subcontractor commencing work.
22.2 No sub-letting by the principal contractor shall in any way

relieve the principal contractor from responsibility for the
execution and completion of the works.
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C Selected Subcontractors
22.3 This agreement may necessitate the appointment of

selected subcontractors in which case the following
provisions shall apply.
22.4 Where it is stated in the contract documents that certain

work or the supply of certain materials or goods shall be
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carried out by a subcontractor to be agreed between the
administrator and the principal contractor such
subcontractor shall be called a selected subcontractor.
22.5 A list of potential subcontractors shall be drawn up. Both

the administrator and the principal contractor may place
names on the list subject to the agreement of the other party.
22.6 The consultant team shall prepare documentation sufficient

for obtaining tenders for work to be carried out, or goods or
materials to be supplied by a selected subcontractor. The
principal contractor shall be consulted over the preparation
of the documentation and shall approve the same prior to
tenders being sought.
Tenders shall be sent out by and returned to the
administrator for opening in the presence of the principal
contractor.
22.7 The administrator, after consultation with the principal

contractor, shall choose the tenderer to be appointed. The
administrator shall issue an instruction to confirm the
appointment.
22.8 If a selected subcontractors employment is cancelled the

administrator and principal contractor shall, jointly, take
immediate steps to appoint another using the procedures set
out above to continue and complete the work let under the
earlier contract.
22.9 Once appointed any selected subcontractor shall become

the contractual responsibility of the principal contractor
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A Nominated Subcontractors
22.10 This agreement may necessitate the appointment of

nominated subcontractors in which case the following
provisions shall apply:
22.10.1. where it is stated in the contract documents that certain

work or the supply of certain materials or goods shall be
carried out by a subcontractor to be nominated by the
administrator then such subcontractor shall be called a
nominated subcontractor;
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22.10.2. no nominated subcontractor shall be appointed where the
principal contractor makes objection;
22.10.3. the employer shall be liable for and indemnify the

principal contractor against any failure to perform on the
part of the nominated subcontractor;
22.10.4. if a nominated subcontractors employment is cancelled

the administrator shall take immediate steps to appoint
another.
F....................... V....................... T.......................
A Direct Contractors
23.1 This agreement may necessitate the engagement by the

employer, incidental to, but not as part of the works, direct
contractors to execute works at the site or to supply
materials or goods, in respect of which the principal
contractor shall have
the obligations set out in this clause.
23.2 The principal contractor shall have no obligation to allow

any contractor on site who has not been engaged by the
employer as a direct contractor under the terms of the
NJPC building direct contract.
23.3 The administrator shall ensure that each direct contractor

will:
provide the principal contractor with all necessary
detailed programming information
provide the principal contractor with a copy of the direct
contractors method statement
in carrying out the direct works have regard to the works
consult, liase and co-operate with the principal
contractor.
23.4 The principal contractor shall in respect of the works to be

executed by or the materials or goods to be supplied by any
direct contractors:
incorporate into the programme provisions for the
execution of such works or supply of such materials or
goods and provide all necessary programming information
to the direct contractors
consult liase and co-operate with direct contractors, and
co-ordinate the execution of such works or the supply of
such materials or goods with the works
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1409 3-20
monitor the progress of such works or supplies and report
to the administrator any deviation from the programme
permit the direct contractors the use of such site facilities
as the principal contractor may have available on site.
23.5 Where works by a direct contractor are to be handed over

to the principal contractor in order that the works may
continue, the following provisions shall apply as to handover
either of the whole of the direct works or, if appropriate,
sections of the direct works:
23.5.1 the direct contractor shall give 5 days notice to the

administrator and the principal contractor of the date that
either a section or the whole of the direct works are
anticipated to be ready for handover (the handover date);
23.5.2 the principal contractor, direct contractor and

administrator shall on the handover date carry out an
inspection of the sections or whole of the direct works.
23.6 Where the section or the whole of the direct works, as

appropriate, are ready for handover the administrator shall
issue a handover certificate and, if appropriate, the
principal contractor shall accept the same.
F....................... V....................... T.......................
A Antiquities
24.1 All antiquities, fossils, coins or articles of value and

structures and other remains or things of geological,
archaeological or historical interest discovered on the site
shall be the property of the employer.
24.2 The principal contractor shall take precautions to prevent

workmen or any other persons from removing or damaging
any article and shall, immediately on discovery notify the
administrator.
24.3 The administrator shall issue instructions for dealing with

antiquities. If the rincipal contractor, as a result of such
instructions, suffers delay and/or additional costs then the
provisions relating to adjustment of time and additional costs
shall apply.
F....................... V....................... T.......................

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1409 3-21
A Site Meetings
25.1 The minutes of all site meetings and other relevant meetings are
to be circulated within 3 days of the meeting.
F....................... V....................... T.......................
COMPLETION
B Acceleration
26.1 The administrator may subject to the provisions of this clause

instruct the principal contractor to accelerate the works.
26.2 Where the administrator considers that the provisions of this

clause should apply the administrator shall issue to the
principal contractor an acceleration enquiry. Upon receipt of
the acceleration enquiry the principal contractor shall:
confirm that acceleration is achievable
provide an assessment of any adjustment to the contract sum
and/or any additional costs
confirm that all subcontractors and direct contractors
affected by the acceleration enquiry have been consulted.
26.3 The principal contractor shall reply to the acceleration

enquiry within 10 days, or such other period as may be agreed
between the administrator and the principal contractor.
26.4 The administrator and the principal contractor shall then

timeously agree the revised date for completion or
acceleration against progress and the cost implications.
26.5 If the administrator and the principal contractor agree to

accelerate and the cost implications then the administrator shall
issue an instruction confirming details of the acceleration and
fix the date for completion. The agreed cost implications shall
be included in interim payment certificates.
F....................... V....................... T.......................
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1409 3-22
A Deceleration
27.1 The administrator may, subject to the provisions of this clause,

instruct the principal contractor to decelerate the works.
27.2 Where the administrator considers that the provisions of this
clause should apply the administrator shall issue to the
principal contractor a deceleration enquiry. Upon receipt of
the deceleration enquiry the principal contractor shall:
confirm that deceleration is achievable
provide an assessment of any adjustment to the contract sum
and/or any additional costs
confirm that all subcontractors and direct contractors
affected by the deceleration enquiry have been consulted.
27.3 The principal contractor shall reply to the deceleration

enquiry within 10 days,
or such other period as may be agreed between the
administrator and the
27.4 The administrator and the principal contractor shall then

timeously agree that deceleration is possible and the cost
implications.
27.5 If the administrator and the principal contractor agree to

decelerate and the cost implications then the administrator shall
issue an instruction confirming details of the deceleration and
fix the date for completion. The agreed cost implications shall
be reflected in interim payment certificates.
F....................... V....................... T.......................
B Adjustment of Time
28.1 Upon it becoming apparent, the principal contractor shall give

notice to the administrator of any event which it is considered
may cause a delay to completion.
28.2 It shall be a prerequisite to an adjustment of time that the

principal contractor shall within 10 days of the event (or, if
appropriate, of the event having become apparent) submit an
application for an adjustment of time together with a concise
statement of the reasons why delay to completion may result.
28.3 Upon receipt of the application, the administrator shall notify

the principal contractor within 5 days whether or not the
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1409 3-23
administrator considers the event in principle may entitle the
principal contractor to an adjustment of time.
28.4 Within 10 days, or such other period as may be agreed between

the administrator and the principal contractor, after the
administrators consideration the principal contractor shall
give particulars of the expected effects and estimate the extent of
the expected delay to completion.
28.5 The principal contractor shall give such further notices,

particulars and estimates as may be necessary or as the
administrator may require for keeping up to date such
particulars and estimates as may previously have been given.
28.6 If, in the opinion of the administrator the date for completion
has been or is likely to be affected by reason of one of the
grounds specified in clause 28.10 then the administrator shall,
within 10 days of having received from the principal
contractor all adequate notices, particulars and estimates, make
in writing an adjustment of the date or dates for completion.
28.7 The principal contractor shall not be entitled to an adjustment

of time where the delay was caused by negligence, omission or
default of the principal contractor. Where the delay was caused
partially by the principal contractor the right to an adjustment
of time shall be reduced accordingly.
28.8 The administrator shall inform the principal contractor of the

reasons for refusing or reducing an application for an
adjustment of time.
28.9 The administrator may give to the principal contractor notice

that an adjustment of time proposed by the administrator may
result in a reduction in time for completion. The principal
contractor shall, within 10 days of receipt of such a notice reply
to the administrator giving any reasons why the administrator
should not, in issuing an adjustment of time certificate, reduce
the time for completion. The administrator shall take into
consideration any reasons given by the principal contractor
prior to issuing the adjustment of time certificate.
28.10 The grounds for adjustment of time are:
28.10.1 any circumstances arising from either the provisions of this

agreement or from the execution of the works; or
28.10.2 weather conditions which cause a suspension of the whole or

part of the works; or
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1409 3-24
28.10.3 any breach or act of prevention on the part of the employer or
for which the employer is responsible; or
28.10.4 shortage of labour and/or materials where the principal

contractor timeously placed orders and the principal
contractor has taken all practical steps to avoid or reduce such
delay; or
28.10.5 force majeure; or
28.10.6 civil commotion, industrial action, riot, war, strike or lockout; or
28.10.7 any change in the statutory requirements; or
28.10.8 the carrying out by a local authority or statutory undertaker of

work in pursuance of its statutory obligations in relation to the
works, or the failure to carry out such work; or
28.10.9 delay on the part of a nominated subcontractor.
28.11 If the administrator grants an adjustment of time, the

adjustment of time certificate shall specify in days the
adjustment under each and every ground applied for and shall in
addition fix the revised date for completion.
28.12 The administrator shall have power to grant an adjustment of

time after the date for completion in respect of grounds for
adjustment arising both before and after the date for
completion.
F....................... V....................... T.......................
A Completion
29.1 The principal contractor shall complete the works by the date
or dates where there are dates stated for part of the works for
completion stated in the appendix, subject to the acceleration,
deceleration or adjustment of time provisions.
29.2 Where there are dates for completion of parts of the works the
provisions of clauses 29.3 to 29.5 shall apply to both the parts of
the works and to the whole of the works and shall be construed
accordingly.
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1409 3-25
29.3 The principal contractor shall give to the administrator 2
days notice of the snagging period. On the first day of the
snagging period the administrator jointly with the principal
contractor shall commence an inspection of the works.
The administrator shall prepare snagging lists.
29.4 The administrator shall, within 2 days of the end of any

inspection, deliver copies of the snagging lists to the employer
and the principal contractor. After the date for completion
where the employer does not wish the principal contractor to
carry out all or any of the items in the list the administrator
may make an adjustment to the contract sum.
29.5 When, in the opinion of the administrator, the items listed in

the snagging lists have been carried out and the works are
complete and have satisfactorily passed any final test that may be
prescribed by the contract documents, the administrator shall
immediately issue a completion certificate. Completion of
the works shall be deemed to have taken place on the date
named in such certificate.
29.6 The principal contractor shall hand over to the administrator

all as-built drawings, local or statutory authority approved
drawings, permits, occupation certificate, manuals and other
documentation due to be supplied in accordance with the
contract documents. The principal contractor shall submit the
same no later than 30 days after issue of the completion
certificate.
F....................... V....................... T.......................
A Early Occupation
30.1 The employer may at any time cause the administrator to give
to the principal contractor an early occupation notice of the
employer's intention to take early occupation of the relevant
part of the works. Early occupation shall not take place until
such date as may be agreed between the administrator and the
30.2 The provisions of clause 29.4 and 29.5 shall apply to the
relevant part.
30.3 If the employer does not require the administrator to issue an

instruction under clause 29.4 the administrator shall instruct
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1409 3-26
the principal contractor to carry out the matters on the
snagging list within such time period as the administrator may
specify.
A Defects Liability Period
31.1 Any defects that appear within the defects liability period shall
be specified in defects lists, which the administrator may
deliver to the principal contractor and the employer from time
to time during the defects liability period. The principal
contractor shall within 20 days, or such other period as the
administrator may specify, of the issue of the defects list make
good all matters administrator to instruct that all or some of the
matters in a defects list are not carried out by the principal
contractor. The retention shall be adjusted.
31.2 If the principal contractor fails to make good any matters
referred to on a defects list, the employer may employ and pay
other persons to carry out and complete the same. The retention
will be adjusted to take account of any costs incurred by the
employer under this provision.
31.3 For the avoidance of doubt, items appearing on snagging lists

should not be carried forward to a defects list, but should be
dealt with under the snagging procedures.
31.4 No defects list shall be issued after the expiry of the defects
liability period.
31.5 When, upon expiry of the defects liability period and in the
opinion of the administrator all defects specified in defects
lists have been made good the administrator shall issue a
certificate of making good defects and completion of making
good defects shall be deemed to have taken place on the date
named in such certificate.
F....................... V....................... T.......................
PAYMENT
B Advance Payment
32.1 Where an advance payment applies, following the presentation

by the principal contractor of a guarantee, if required, in terms
approved by the administrator the amount of the advance
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1409 3-27
payment shall be certified by the administrator for payment to
the principal contractor.
32.2 The advance payment shall be payable to the principal

contractor on the date or dates stated in the appendix.
32.3 The advance payment will not be subject to retention.
32.4 The advance payment shall be repaid and the guarantee reduced
in the manner stated in the appendix.
32.5 Upon the issue of a completion certificate or operation of the

cancellation provisions any balance of the advance payment then
outstanding shall immediately become due and payable by the
principal contractor to the employer.
F....................... V....................... T.......................
A Adjustments to the Contract Sum
33.1 Where an instruction results in an adjustment to the contract

sum, it shall be measured and valued as follows:
33.1.1 items of additional work of similar character and executed under
similar conditions shall be priced at the rates in the pricing
document;
33.1.2 items of additional work not of a similar character or not executed

under similar conditions shall be priced, where applicable, at
comparable rates adjusted to suit the changed circumstances;
33.1.3 in the case of the omission of an item of work, such work shall be
valued at the rates in the pricing document, but where the
omission of such work varies the circumstances in which the
remaining work is carried out, the remaining work shall be
valued in terms of clause 33.1.2;
33.1.4 in any circumstances in which the administrator considers that

the measurement and valuation under the above would be
inappropriate a fair valuation shall be used to ascertain the
adjustment to the contract sum.
33.2 Where a bill of quantities is, in total or in part, approximate or

where it is clearly stated in the contract documents that work
will be remeasured, clause 33.1 shall be used to determine the
value of such remeasured work.
33.3 Where in the appendix it is stated that the works shall be carried
out on the basis of a lump sum contract, the provisions of clause
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1409 3-28
33.1.4 shall be used to determine the value of any additional or
varied work, save where the subcontractor has provided a
contract sum analysis which will be used to determine the value
of the same.
33.4 Where work has been identified under a provisional sum in the
pricing document the value of this work shall be omitted from
the contract sum and the work as actually executed shall be
measured and valued in terms of clause 33.1 and added to the
contract sum.
33.5 Where work has been identified as being executed by a direct

contractor payment for the costs incurred by the principal
contractor shall be ascertained in terms of clause 33.1.4.
33.6 Where it is required that the contract sum or the retention shall
be assessed or adjusted, the provisions of clause 33.1 shall apply
to such assessment or adjustment.
F....................... V....................... T.......................
A Additional Costs
34.1 If the principal contractor considers that he has incurred

additional costs and provided that such additional costs were
not as a result of one of the matters set out in clause 34.2 then the
principal contractor shall be entitled to make a claim for
additional costs.
34.2 The principal contractor shall not be entitled to make a claim

for additional costs in respect of:
weather conditions
a shortage of labour or materials, unless supplied by the
employer
force majeure
omission, default or any breach of this agreement by or on
behalf of the principal contractor
civil commotion, industrial action, riot, war, strike or lockout.
34.3 The principal contractors notification of a claim shall be made

within 10 days of it becoming apparent that additional costs
have been incurred.
34.4 The principal contractor shall in support of the application

submit to the administrator upon request such concise
information as the administrator may require.
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1409 3-29
34.5 Upon receipt of all necessary information from the principal
contractor, the administrator shall within 10 days ascertain the
amount if any to be paid to the principal contractor.
34.6 Any amount so ascertained shall be added to the next interim

payment certificate
F....................... V....................... T.......................
A Damages for Non-completion
35.1 If the principal contractor fails to complete the works by the

date for completion, then the administrator shall issue a
certificate of non-completion.
35.2 Subject to the issue of a certificate of noncompletion the

principal contractor shall pay or allow to the employer a sum
calculated at the rate or rates specified in the appendix as
liquidated and ascertained damages for the period between the
date for completion and the completion date. Where the period
is part of a week the sum shall be calculated pro-rata.
35.3 The employer may deduct the same from any monies due or to
become due to the principal contractor under this agreement
or the employer may recover the same from the principal
contractor as a debt.
35.4 Where an early occupation notice is in effect, the rate or rates

specified in the appendix as liquidated and ascertained damages
shall be adjusted pro-rata to the value of the part of the works
occupied. The value shall be ascertained from information in the
interim payment certificate issued immediately prior to the
adjustment being made.
F....................... V....................... T.......................
B Payment to Principal Contractor
36.1 The principal contractor shall submit a payment application

to the administrator to be received no later than 8 days before
the date stated in the appendix for issue of interim payment
certificates.
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1409 3-30
36.2 The administrator shall issue interim payment certificates as
stated in the appendix to the principal contractor for payment
by the employer. A copy of each interim payment certificate
shall concurrently be issued to the employer. The administrator
shall issue interim payment certificates whether or not the
principal contractor has submitted a payment application.
36.3 The amount valued and certified for payment by the

administrator in an interim payment certificate shall include:
36.3.1 an estimate of the total value of the work properly executed by

the principal contractor;
36.3.2 an estimate of the total value of materials and goods delivered to

the site for incorporation into the works, provided that the value
of such materials and goods shall only be included as and from
such times as they are properly and not prematurely delivered
and are adequately protected;
36.3.3 any amount payable under the fluctuation provision;
36.3.4 an estimate of the total value of all materials and goods in terms
of clause 36.4;
36.3.5 interest due under this agreement;
36.3.6 ascertained additional costs;
36.3.7 a deduction of the amounts previously certified;
36.3.8 a deduction of any amount which may be deducted and retained

by the employer in terms of clause 36.11.
36.4 The amount stated as due in an interim payment certificate
may, at the discretion of the administrator, include the value of
any materials or goods before delivery to the site, provided that,
where required, the principal contractor provides to the
administrator with the payment application a bond for the full
value of the materials or goods being claimed for. The bond shall
be in such a form as the administrator may require. The bond
may be called upon in respect of nondelivery or incorrect or
defective delivery of the materials or goods.
36.5 Where the amount stated as due in an interim payment

certificate is not the same as contained in the payment
application the administrator shall, at the time of issue of the
interim payment certificate, provide to the principal
contractor a brief explanation of the differences.
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1409 3-31
36.6 Upon the issue of an interim payment certificate the employer
shall pay to the principal contractor or in the case of a negative
certificate the principal contractor shall pay to the employer
within the period stated in the appendix the full amount certified
for payment subject to any deductions in accordance with this
Agreement.
36.7 Where the issue of an interim payment certificate by the

administrator is delayed or where payment of such certified
amount is delayed, the employer shall be liable, without
prejudice to any rights the principal contractor may have in
terms of clause 41.1 to pay interest at the annual effective yield
of treasury bills plus five percent to the principal contractor on
such amount from the due date for payment up to and including
the date on which payment is received by the principal
contractor. In the case of a negative certificate, if the principal
contractor does not make the repayment in the period stated the
principal contractor shall be liable to pay the employer interest
on the same basis.
36.8 Without prejudice to any other rights and remedies which the
principal contractor may possess, if the employer fails to make
any payment to the principal contractor as provided and such
failure shall continue for 5 days after the principal contractor
shall have given the employer notice of the same, then the
principal contractor may suspend the works until such
payment including interest shall have been made and such
suspension shall not be deemed a failure on the part of the
principal contractor to proceed with the works.
36.9 The administrator shall issue interim payment certificates as

stated in the appendix after the completion date and up to the
issue of the final payment certificate.
36.10 The issue of an interim payment certificate or the final

payment certificate shall not be evidence that the work and
materials and goods to which it relates are in accordance with
this agreement.
F....................... V....................... T.......................
A Retention
36.11 In respect of any interim payment certificate issued the

employer will be entitled to retain the retention. The amount
that may be retained by the employer shall be the retention
percentage of the value of the work and materials.
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1409 3-32
36.12 The employer will invest the retention fund as certified by the
administrator and released to the contractor when they are due.
36.13 The principal contractor shall on the issue of the certificate of

making good
defects be entitled to release of the fund including all interest
accrued.
36.14 If, upon application being made by the principal contractor for
early release of the retention monies being held against work
carried out by a subcontractor, the administrator considers
that such retention monies may be released then the same shall
be released together with all interest accrued.The retention
monies released shall be included in the next interim payment
certificate issued.
F....................... V....................... T.......................
A Direct Payment
36.15 If, upon application being made to the administrator by a

selected or nominated subcontractor there appears to be
grounds for payment to be made direct by the employer to the
selected or nominated subcontractor, the employer may pay
monies due to the selected or nominated subcontractor upon a
certificate issued by the administrator and deduct the amount
from any sums otherwise payable to the principal contractor.
F....................... V....................... T.......................
B Fluctuations
37.1 Where it is stated in the appendix that this agreement is a firm-

price contract, the provisions of clause 37.7 shall apply. Where it
is stated in the appendix that under this agreement fluctuation
of wages and materials is allowable, the provisions of clauses
37.8 to 37.15 shall apply.
37.2 Any adjustment to the contract sum as a result of a fluctuation

shall be net after discounts and excluding any addition for profit.
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1409 3-33
37.3 A fluctuation shall be subject to an addition of a single five
percent administration fee which shall be limited in respect of
any single item to the figure stated in the appendix. The
principal contractor shall pay to the subcontractors such part
of the fee as relates to the sublet works.
37.4 A fluctuation occurring after the date for completion will not
be taken into account when calculating the adjustment to the
contract sum.
37.5 The principal contractor shall, on request, make available to

the administrator, all documentation deemed necessary to
verify the fluctuation.
37.6 Scaffolding, formwork, plant, small tools, and items not

incorporated into the works shall not be subject to fluctuation.
F....................... V....................... T.......................
A Firm Price
37.7 Under a firm-price, no adjustment to the contract sum shall be

made in respect of fluctuation or any statutory change.
F....................... V....................... T.......................
B Fluctuation of Wages
37.8 If at any time between the tender date and the completion date,
statutory fluctuation takes place and the principal contractor
has submitted with each payment application to the
administrator timesheets together with a weekly return of the
number of productive hours worked, then the contract sum
shall be adjusted. Only Government Gazetted labour rates will be
considered for fluctuation purposes.
F....................... V....................... T.......................
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1409 3-34
A Fluctuation in price of Materials and Fuel
37.9 If at any time between the tender date and the completion date,
fluctuation takes place in materials incorporated in the works or
fuel for site plant or transport then the contract sum shall be
adjusted.
37.10 If the principal contractor wishes to be protected against

fluctuation in the cost of any basic materials incorporated in the
works or from fluctuation in transport costs of materials from
local merchants or suppliers to the works or fuel for site plant or
transport the principal contractor is to attach to the tender a
base price list showing material and transport prices separately.
37.11 In support of the base price list the principal contractor is to

furnish, either with the tender or when instructed, current
merchants quotations for quantities required for the whole of the
works.
37.12 Orders for materials on the base price list shall be placed
timeously after the date of acceptance of the tender; otherwise
no fluctuation will be allowed.
37.13 Should the principal contractor find it necessary to purchase

materials at prices in excess of those on the base price list then
the principal contractor must obtain the most favourable
current price at the time of placing the order. The principal
contractor shall maintain a record of the steps taken to obtain
such price, which the administrator may call for at any time.
37.14 Adjustment to the contract sum will not be considered for

fluctuation of materials, transport or fuel not included in the
base price list. The principal contractor may apply to the
administrator to add items to the base price list that have
arisen as a result of instructions.
37.15 The principal contractor shall provide a fluctuations return

with each payment application which will set out every item in
the base price list which has been affected by fluctuation since
the last payment application and show the rates actually paid as
compared to the base price list. The return shall have annexed to
it copies of signed orders on suppliers, signed delivery notes,
suppliers invoices and suppliers monthly statements in respect
of each item where a claim is being made. The fluctuations
return may, when necessary contain details of fluctuations
which have occurred at any time since the submission of the
previous two fluctuation returns to allow for information which
was late. The principal contractor shall afford the
administrator every facility in obtaining written confirmation
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1409 3-35
from the supplier that the fluctuation has occurred and the
reasons for them.
F....................... V....................... T.......................
A Final Account
38.1 Within 60 days, or such other period stated in the appendix,

after the completion date, the principal contractor shall send
to the administrator all documents necessary for the purpose of
the final measurement and valuation.
38.2 If the principal contractor fails to send the necessary

documentation within the time specified in clause 38.1, the
administrator shall prepare the final measurement and valuation
based on information known.
38.3 Within the period stated in the appendix of receipt of the

documentation under clause 38.1 or a failure to provide the
documentation under clause 38.2 the final account shall be
prepared by the administrator. Within 20 days of its
preparation discussions with the principal contractor with a
view to agreeing the same shall be concluded and the final
account shall be submitted to the principal
contractor. The principal contractor shall signify acceptance
by signature and return of the final account within 5 days of
receipt. Such signature shall be conclusive evidence that the
amounts shown are accepted by the principal contractor in full
and final settlement of all financial claims arising out of or in
connection with this agreement.
38.4 If the administrator fails to prepare the final account within the
period stated under clause 38.3 the principal contractor will be
entitled to interest on the outstanding sum due from the expiry of
the stated period as if it were a due date for payment under
clause 36.7. 38.5 If the principal contractor fails to sign and
return the final account in the stated period the final payment
certificate shall be issued in the figure stated in the final
account.
38.6 By the date stated in the appendix for issue of an interim

payment certificate following the return by the principal
contractor of the final account the administrator shall issue
the final payment certificate which shall state the sum of the
amounts already paid to the principal contractor under interim
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1409 3-36
payment certificates; and the contract sum adjusted as
necessary in accordance with the terms of this agreement.
38.7 The difference between the two sums shall be expressed in the
said certificate as a balance due to the principal contractor
from the employer or to the employer from the principal
contractor. Subject to any deductions or set-off authorised by
this agreement or otherwise by law, the said balance shall, as
from the date for payment stated in the appendix, be a debt
payable by the employer to the principal contractor or by the
principal contractor to the employer.
F....................... V....................... T.......................
A Currency of Account
39.1 Where it is so stated, the principal contractor shall be entitled

to receive payment of the amounts due under this agreement in
the foreign currencies and proportions as set out in the
appendix.
39.2 The exchange rate(s) to be used for calculation of the amounts

payable shall be as stated in the appendix, which shall be, fixed
by the employer prior to the tender date.
F....................... V....................... T.......................
CANCELLATION
B Cancellation by Employer
40.1 Without prejudice to any other rights or remedies the employer

may have, this agreement may be cancelled by the employer in
the event of:
the insolvency or liquidation of the principal contractor
the principal contractor without cause under this agreement
wholly suspending the carrying out of the works before
completion
the principal contractor refusing or neglecting to comply with
an instruction and by such refusal or neglect the works are
materially affected
it becoming apparent that the principal contractor will fail to
complete the works by the date for completion.
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1409 3-37
40.2 Should the principal contractor default due to any of these
events then the employer may direct the administrator to notify
the principal contractor of the intention to cancel this
agreement. Should the principal contractor remain in default
for a period of 10 days after receipt of such notice then the
administrator may notify the principal contractor of the
cancellation.
40.3 Where this agreement is cancelled and so long as it has not been
reinstated or continued then the following provisions shall apply.
40.4 Execution of the works shall cease immediately and the

principal contractor shall, subject to the provisions of this
clause, vacate the site and care of the works shall pass to the
employer.
40.5 The employer may employ and pay other persons to carry out
and complete the works and rectify all defects in that part of the
works executed by the principal contractor and may use all
temporary buildings, plant, equipment, and materials intended
for, delivered to and placed on or adjacent to the site, and may
purchase all materials and goods necessary for the carrying out
and completion of the works .
40.6 The principal contractor shall, unless prohibited by law, if so

required by the administrator within 10 days of the date of
cancellation assign to the employer, without payment, the
benefit of any agreement for the supply of materials or goods
and/or for the execution of any work for the purposes of this
agreement. The assignment shall be on terms that a supplier or
subcontractor shall be entitled to make objection to any further
assignment by the employer. In any case, the employer may pay
any supplier or subcontractor for any materials or goods
delivered or works executed whether before or after the date of
cancellation if not
already paid for by the principal contractor. Payments made
under this provision may be deducted from any sum due or to
become due to the principal contractor.
40.7 The principal contractor shall when requested but not before
remove from the site any temporary buildings, plant, equipment,
and materials. If the principal contractor does not comply then
the administrator may remove and sell any such property of the
principal contractor, the proceeds less all costs incurred being
held to the credit of the principal contractor.
40.8 The administrator shall determine the delay to completion of

the works which such cancellation shall have caused and the
principal contractor shall be liable to the employer for
liquidated and ascertained damages.
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1409 3-38
40.9 The principal contractor shall allow or pay to the employer the
amount of any loss and/or expense caused to the employer by
the cancellation. Until completion, the employer shall not be
bound by any provision of this agreement to make any further
payment to the principal contractor. Within 60 days of
completion, the administrator shall certify the amount of such
loss and/or expense caused to and properly incurred by the
employer by the cancellation. If such amounts when added to
the monies paid to the principal contractor before the date of
cancellation exceed the total amount which would have been
payable on due completion in accordance with this agreement,
the difference shall be a debt payable by the principal
contractor to the employer and if the said amounts when added
to the said monies be less than the said total amount, the
difference shall be a debt payable by the employer to the
40.10 The principal contractor shall not be relieved of any

obligations and liabilities in connection with that portion of the
works executed prior to cancellation.
F....................... V....................... T.......................
A Cancellation by Principal Contractor
41.1 Without prejudice to any other rights or remedies the principal

contractor may have, this agreement may be cancelled by the
principal contractor in the event of:
the insolvency or liquidation of the employer where the trustee
or liquidator elects not to proceed in terms of this agreement
with the works
failure by the employer to pay the amount due to the principal
contractor on any interim payment certificate by the due date
interference or obstruction by the employer with the issue of
any certificate due under this agreement
failure by the administrator to issue any interim payment
certificate
failure to give possession of the site after the deferment of
possession provided for in clause 15.4
the works being suspended for an aggregated total of more
than the number of days stated in the appendix for any reason
other than by the default of the principal contractor.
41.2 Should the employer be in default due to any of the above

events then the principal contractor may give notice to the
employer and the administrator of the principal contractors
________________
1409 3-39
intention to cancel this agreement without prejudice to any other
rights he might have. Should the employer or the administrator
as the case may be remain in default for a period of 10 days after
receipt of such notice then the principal contractor may notify
the employer of the cancellation of this agreement.
41.3 Where this agreement is cancelled in terms of this clause then

the following provisions shall apply.
41.4 Execution of the works shall cease immediately and the

principal contractor shall vacate the site and care of the works
shall pass to the employer.
41.5 A final account shall timeously be prepared for that portion of

the works executed by the principal contractor.
41.6 The principal contractor shall not be relieved of any

obligations and liabilities in connection with that portion of the
works executed prior to Cancellation.
41.7 The employer shall be liable to the principal contractor for the
cost of materials and goods including those materials and goods
ordered by the principal contractor prior to the cancellation of
this agreement and for which the principal contractor is bound
to accept and make payment provided that such materials and
goods are delivered to the site and handed over to the employer
in good order.
41.8 The employer shall be liable to the principal contractor for

additional costs resulting from such cancellation.
41.9 The value of the works executed by the principal contractor

and the value of materials and goods supplied shall continue to
be certified by the administrator and paid for by the employer.
F....................... V....................... T.......................
DISPUTES
A Disputes
42.1 Any dispute arising out of this agreement shall be resolved in

accordance with this clause.
F....................... V....................... T.......................

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1409 3-40
A Adjudication
42.2 The administrator shall, prior to the issue of the instruction to

proceed obtain from the NJPC the name of the adjudicator to
be appointed.
42.3 When any dispute referred to in clause 42.1 arises, which cannot
be resolved between the parties, it shall be referred in writing to
and settled by the adjudicator.
42.4 The adjudication shall be conducted in accordance with the

NJPC adjudication rules.
42.5 If a dispute referred to the adjudicator also concerns a dispute

between the principal contractor and any subcontractor, the
principal contractor may submit the subcontract dispute to the
adjudicator at the same time as the dispute under this
agreement. The adjudicator shall then settle the two disputes
together and references to the parties shall be deemed to include
the subcontractor.
42.6 The adjudicator settles the dispute as an independent

adjudicator and not as an arbitrator. The adjudicators decision
is enforceable as a matter of contractual obligation between the
parties and not as an arbitral award.
42.7 The adjudicators powers include the power to review and

revise any action or inaction of the administrator relating to the
dispute. The adjudicator shall have full power to review and
revise any decision, opinion, instruction, valuation, certificate
or notice and to order such measurements and valuations as may
in the adjudicators opinion be necessary to determine the
respective rights of the parties.
42.8 If the adjudicator resigns, dies, is otherwise unable to act, or

fails to issue a decision as provided for under the NJPC
adjudication rules either party shall apply to the NJPC for the
nomination of a new adjudicator. The NJPC shall appoint a
new adjudicator. The new adjudicator has power to settle
disputes that were currently submitted to the predecessor, but
had not been settled. Disputes previously settled may not be re-
opened before the new adjudicator.
42.9 No reference to adjudication may be made later than 10 days

after the issue of the final payment certificate save in respect of
matters concerning defects and the release of retention.
F....................... V....................... T.......................

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1409 3-41
A Arbitration
42.10 If, after the adjudicator notifies the decision, a party is

dissatisfied, that party may give notice to the other party of an
intention to refer the matter to arbitration.
42.11 Any notice shall be made within 10 days of the notification of

the adjudicators decision.
42.12 No arbitration proceedings shall be commenced earlier than

either 10 days after the issue of the final payment certificate or
the conclusion of any outstanding references to adjudication
whichever is the later.
42.13 No matter may be referred to arbitration that has not previously

been the subject of a decision by the adjudicator.
42.14 Any arbitration proceedings shall be subject to the UNCITRAL

rules current at the date of the reference to arbitration.
42.15 The NJPC shall be the appointing body for the purposes of the
UNCITRAL rules.
42.16 The cancellation of this agreement shall have no effect on the

provisions of this clause.
F....................... V....................... T.......................
DEFINITIONS
B Definitions
43.1 In this agreement, the following words and expressions shall

have the meanings given to them in this clause.
43.2 acceleration means: the acceleration of the works following

an acceleration enquiry.
43.3 acceleration enquiry means: an enquiry issued by the

administrator where it is intended to accelerate the works.
43.4 additional cost means: costs and/or losses incurred by the

principal contractor over and above those that are recoverable
under the adjustment of contract sum provisions or elsewhere in
the conditions of contract.
________________
1409 3-42
43.5 adjudicator means: the person appointed to act as adjudicator
under this agreement, who shall be assigned by the NJPC and
who shall be a person registered on the NJPC list of
adjudicators.
43.6 adjustment of time means: a change of the date for

completion specified in the appendix.
43.7 administrator means: Felymas Consultants International or

such other person as the employer shall from time to time
appoint as the employers representative who shall be a member
of a constituent body of the NJPC, and who is notified to the
principal contractor as acting as the administrator.
43.8 agreement means: this agreement entered into between the

employer and the principal contractor incorporating the NJPC
building contract.
43.9 all risks insurance means insurance that provides cover

against any physical loss or damage to work executed and
materials on site and contractors plant on site.
43.10 appendix means: the appendix to this agreement.
43.11 base price list means: a list submitted with the tender
detailing those items in respect of which the principal
contractor wishes the fluctuation provision to apply. The list
shall contain the base price for each item included on the list.
The base prices shall be current market prices as at the tender
date. The principal contractor may apply to the administrator
to add items to the base price list which were not contemplated
at tender but which have arisen as a result of instructions.
43.12 bill of quantities means: a document, drawn up in accordance

with the edition of the System of Measurement of Building Work
in Zimbabwe approved by the Zimbabwe Institute of Quantity
Surveyors current at the tender date.
43.13 certificate of making good defects means: a certificate issued

by the administrator at the end of the defects liability period
when all items on defects lists have been rectified.
43.14 commencement date means: the date on which the works are
to commence on site.
43.15 completion certificate means: the certificate issued by the

administrator upon completion of the works and attendance to
the snagging lists by the principal contractor.
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1409 3-43
43.16 completion date means the date on which the administrator
certifies that the works are complete. Where appropriate the
term shall also apply to completion of a part or section of the
works.
43.17 completion of the works means: the state of the works when
the administrator is satisfied that the works are complete,
snagging lists have been attended to and the completion
certificate is issued.
43.18 consultant team means: collectively those consultants listed in

the contract and any other consultants engaged by the employer
and notified in writing to the principal contractor. The term
consultant team includes servants, agents, and others for whom
they are responsible.
43.19 contract documents means: this agreement, and such other

documents as are identified in the appendix. In the event of
inconsistency the documents shall be construed to have
precedence in the following order:
this agreement
the contract
the documents in the order in which they are listed in the
contract
43.20 contract drawings means: the drawings used to prepare the

tender documents as listed in the appendix;
43.21 contract sum means: the value of the works as stated in the
contract and as adjusted from time to time under this
agreement.
43.22 contract sum analysis means: a document drawn up by the

principal contractor to amplify a lump-sum price given as the
contract sum.
43.23 date for completion means: the date as specified in the

appendix or as subsequently changed in accordance with the
acceleration, deceleration or adjustment of time provisions.
43.24 day means: working day. There will be 5 working days in a

week unless otherwise stated in the contract. For the purposes of
calculating periods in respect of any payments to be made under
this agreement, statutory holidays and the annual construction
industry shutdown shall be deemed to be working days.
43.25 deceleration means: the deceleration of the works following a

deceleration enquiry.
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1409 3-44
43.26 deceleration enquiry means: an enquiry issued by the
administrator where it is intended to decelerate the works.
43.27 defect means: materials or workmanship not in accordance

with the contract documents. Provided that the principal
contractor shall not be required to make good at the principal
contractors cost any damage by action of the elements which
may appear after completion unless the administrator shall
decide that such damage is due to injury which took place before
completion.
43.28 defects liability period means: the period ending 12 months

from the date of the completion certificate or such lesser period
stated in the appendix.
43.29 defects list means: any list issued by the administrator during
the defects liability period detailing defects arising during this
period.
43.30 direct contract means: an agreement entered into between the

employer and a direct contractor incorporating the NJPC
building direct contract.
43.31 direct contractor means: a contractor employed by the

employer to carry out works or to supply goods or materials
incidental to but not forming part of the works.
43.32 direct works means: works to be carried out or goods or

materials to be supplied by a direct contractor incidental to but
not forming part of the works.
43.33 early occupation notice means a notice issued by the

administrator to enable the employer to take early occupation
of part of the works.
43.34 employer means: the person named as such in this agreement.
43.35 employers risks means:

war, hostilities, invasion, act of foreign enemies
rebellion, revolution, insurrection, or military or usurped
power, or civil war
ionising radiation, or contamination by radio-activity from any
nuclear fuel, or from any nuclear waste from the combustion of
nuclear fuel, radio-active toxic explosive, or other hazardous
properties of any explosive nuclear assembly or nuclear
component thereof;
pressure waves caused by aircraft or other aerial devices
travelling at sonic or supersonic speeds
________________
1409 3-45
riot, commotion or disorder, unless solely restricted to
employees of the principal contractor or subcontractors and
arising from the conduct of the works
loss or damage due to the use or occupation by the employer of
any part of the works under the early occupation provisions or
under sectional completion arrangements specified in the
contract documents
loss or damage to the extent that it is due to the design of the
works except in respect of the principal contractors designed
works
any operation of the forces of nature against which the
principal contractor could not have been expected to take
precautions.
43.36 external property means: any property, real or personal,

excluding the works, work executed and/or materials on site up
to and including the date of issue of the completion certificate
or the date of cancellation of the principal contractors
employment under the cancellation provisions whichever is the
earlier.
43.37 final account means: the final statement of account issued by

the administrator.
43.38 final payment certificate means the final financial certificate

issued after preparation of the final account.
43.39 fluctuation means: an increase or decrease in the cost of labour

and/or materials, which are incorporated in the works.
43.40 fluctuation return means: a return submitted by the principal

contractor with each payment application with details of
fluctuations.
43.41 handover certificate means the certificate issued by the

administrator certifying that direct works are ready for
handover to the principal contractor.
43.42 handover date means the date on which direct works are due
to be ready for handover from the direct contractor to the
43.43 insurance fund means: a fund established into which any

monies receivable under an insurance claim are paid.
43.44 instruction means: any instruction issued by the
administrator under the provisions of this agreement in regard
to:
variation or modification of the design, quality or quantity of
the works or the addition, omission or substitution of any work
(including the appointment of a selected or nominated
________________
1409 3-46
subcontractor the nature of whose work was not described in
the tender documents)
the expenditure of a provisional sum
works to be executed by direct contractors
any discrepancy in or divergence between the contract
documents
removal from the site of any materials and their substitution by
other materials
removal and/or re-execution of any work executed by the
principal contractor
suspension of any work to be executed under the provisions of
this agreement
dismissal from the works of any person employed thereon
opening up for inspection of any work covered up
testing of work and materials
protection of the works
amending and making good of any defects
the delegation of functions to members of the consultant team
compliance with safety legislation or safe working practices
environmental issues
antiquities
any breach of contract.
No instruction shall vitiate this agreement.
43.45 instruction to proceed means: an instruction by the

administrator to the principal contractor confirming
acceptance of the principal contractors tender and authorising
the principal contractor to take such steps as are necessary to
proceed with the works.
43.46 interim payment certificate means: a certificate for payment

to the principal contractor issued at the time stated in the
contract.
43.47 joint names policy means: a policy of insurance that includes

the employer, the principal contractor and all subcontractors,
direct contractors and the consultant team.
43.48 lump sum means: a price based on a single tendered amount

which shall not be subject to remeasurement.
43.49 NJPC means: the National Joint Practice Committee.
43.50 NJPC adjudication rules means: the current edition of the

rules as issued by the NJPC.
43.51 NJPC building contract means: the current edition of the

contract as issued by the NJPC.
________________
1409 3-47
43.52 NJPC building direct contract means: the current edition of
the contract as issued by the NJPC.
43.53 NJPC building employer / nominated subcontractor

agreement means: the current edition of the contract as issued
by the NJPC.
43.54 NJPC building nominated subcontract means: the current

edition of the contract as issued by the NJPC.
43.55 NJPC building subcontract means: the current edition of the

contract as issued by the NJPC.
43.56 nominated subcontractor means: a subcontractor who is

nominated by the administrator. The term nominated
subcontractor includes servants, agents, suppliers and others for
whom the nominated subcontractor is responsible.
43.57 payment application means: an application for payment

submitted to the administrator by the principal contractor.
43.58 pricing document means: either a bill of quantities, a

schedule of rates, a contract sum analysis, a priced
specification or other document as detailed in the contract.
43.59 principal contractor means: the person named as such in this

agreement who shall be a member of either the Construction
Industry Federation of Zimbabwe or the Zimbabwe Building
Contractors Association or any other body recognised from time
to time by the NJPC. The term principal contractor includes
servants, agents, subcontractors, suppliers and others for whom
the principal contractor is responsible.
43.60 principal contractors designed works means: work specified

in the contract documents as being designed by the principal
contractor.
43.61 'productive hours' means: actual hours worked which excludes

any additional percentage added for the purposes of calculating
overtime payments.
43.62 programme means: the programme produced by the principal

contractor.
43.63 project means all works required by the employer to be

carried out at the site including the works and any other works
to be carried out by direct contractors.
43.64 project insurance means: insurance in the joint names of the

employer, the principal contractor and subcontractors, all
________________
1409 3-48
direct contractors and the members of the consultant team.
The property insured is the permanent works and materials or
equipment for incorporation therein; the temporary works, i.e.
other works erected or constructed for the purpose of making
possible the erection or installation of the permanent works;
constructional plant and equipment buildings or other property
owned or supplied by the employer. The risks insured shall be in
two sections.
Section one will be in respect of all risk insurance together with

the employers risks. The sum insured shall be the project
value. Policy excesses, to be borne in accordance with their
contractual responsibilities by the principal contractor and/or
subcontractors, and/or direct contractors and/or the members
of the consultant team shall be the sums stated in the
appendixfor:
each and every loss arising from storm, tempest, flood water
damage, subsidence collapse and resultant damage caused by
defective design, plan, specification, workmanship or materials
each and every other loss.
Section two will be in respect of public liability, namely, all

sums for which the insured shall become legally liable to pay as
damages in respect of death of or injury or illness or disease to
third parties and/or loss of or damage to third party property,
obstruction, loss of amenities, trespass, nuisance, or any like
cause happening during the period of insurance and arising out
of or in the course of the project. The sum insured shall be the
sum stated in the appendix for any one occurrence, unlimited in
all.
43.65 project value means: the full reinstatement value of the

project including the contract sum together with the value all
direct contract works, fees and other charges. Where works
involve an existing building the project value should also
include the reinstatement value of the building.
43.66 provisional sum means: a sum included in the pricing

document and so designated for the execution of works or the
supply of goods or materials which could not be entirely
foreseen, defined or detailed prior to the tender; which sum may
be used at the instruction of the administrator.
43.67 relevant part means: the part of the works to which an early
occupation notice relates.
43.68 retention means: monies retained from interim payment

certificates by the employer as security for completion of the
works and the making good of defects.
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1409 3-49
43.69 retention fund means: the fund established into which all
retention monies are paid.
43.70 retention percentage means the percentage stated in the

appendix. The NJPC will from time to time issue a
recommended scale of retention percentages to be used.
43.71 schedule of rates means: a document drawn up by the

administrator to be priced by the principal contractor.
43.72 selected subcontractor means: a subcontractor selected by

the principal contractor and the administrator. The term
selected subcontractor includes servants, agents, suppliers and
others for whom the selected subcontractor is responsible.
43.73 site means: the site as described in the appendix.
43.74 snagging lists means lists of items to be executed prior to

completion of the works.
43.75 snagging period means: the period commencing 10 days, or

such other period as may be specified in the appendix, before
the principal contractor anticipates that completion of the
works will be achieved.
43.76 statutory fluctuation means: only specific increases or

decreases stipulated in the Government Gazette in the standard
rate of wages, cost of living allowances or other statutory
compulsory contributions of the staff employed on the works,
whether on the site or in the workshops of the principal
contractor and subcontractors but not in respect of suppliers or
merchants.
43.77 statutory requirements means: any act of Parliament, any

instrument, rule or order made under any act of Parliament and
any regulation or by-law of any local authority or statutory
undertaker which has any jurisdiction with regard to the works
or with whose services the same are or will be connected.
43.78 subcontractor means: a subcontractor appointed by the

principal contractor, and shall, where the context requires
include suppliers, selected and nominated subcontractors. The
term subcontractor includes servants, agents, suppliers and
others for whom the subcontractor is responsible.
43.79 tender means: the principal contractors tender.
43.80 tender date means: the date 5 days before the date on which
the principal contractor is due to submit the tender. In the
________________
1409 3-50
event of a negotiated contract shall mean the date 5 days before
the conclusion of negotiations and agreement of the contract
sum as stated in the appendix or such other date as may be
agreed between the parties.
43.81 tender documents means the documents comprising the

principal contractors tender as listed in the appendix. In the
case of a negotiated contract shall mean the documents on which
the negotiations have been based.
43.82 timeously means: in connection with any action to be taken by

a party, at such time, having regard to the programme as is not
detrimental to the completion of the works by the date for
completion.
43.83 works means: the work to be carried out by the principal

contractor as described in the appendix including instructions.
SUPPLEMENTARY DOCUMENTATION
A Electric Lighting and Power
The Contractor is to provide a sufficient supply of electric power

required for the Works or by any Sub-Contractor or Special
Tradesman in the execution of the Works and the Contractor
must allow for all necessary temporary connections, power leads,
etc., and remove same at completion and make good all work
disturbed.
The Contractor is to provide a standby generator of sufficient

capacity for the works.
The employer does not warrant that any supply that may exist is
adequate for the proper execution of the works and in case of
such a supply being inadequate, the Contractor shall provide an
adequate supply at his own expense.
The cost of electricity to be used will be paid for by the

Contractor.
F....................... V....................... T.......................
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1409 3-51
A Water For The Works
The Contractor will be required to arrange for a water supply on

the site, and he must allow for all temporary piping to convenient
points for his building operations, complete with fittings, taps,
etc., and must provide for suitable temporary receptacles and
remove at completion.
The employer does not warrant that any supply that may exist is
adequate for the proper execution of the works and in case of
such a supply being inadequate, the Contractor shall provide an
adequate supply at his own expense.
The cost of water to be used will be paid for by the Contractor.
F....................... V....................... T.......................
B Latrines
The Contractor must provide toilet accommodation, together with

all charges for the use of all workmen employed on the Works to
the Local Authority's requirements and must be maintained in a
sanitary condition, removed and disinfected at completion. The
position is to be agreed with the administrator.
F....................... V....................... T.......................
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1409 3-52
A Name Board
The Contractor must provide, erect and remove at completion

one/two notice board/s size/each 1 800 x 1 800 mm overall, in
accordance with detailed drawings, one bearing the names of the
Administrator, Architect, Engineers and Quantity Surveyor
thereon and the other bearing the names of the Project and
Contractor. To be placed in a conspicuous position during the
whole period of operations. Repaint from time to time as
directed. No individual Sub-Contractors boards will be allowed.
F....................... V....................... T.......................
B Bills of Quantities
These Bills of Quantities have been prepared in order to enable

the Contractor to furnish an estimate and to provide unit rates for
the adjustment of variations and not for ordering materials. No
alterations shall be made to these Bills of Quantities.
Failure by the Contractor to price an item in the Bills of

Quantities shall in no way exonerate him from his responsibilities
under that item.
The rates in the Bills of Quantities are to cover all costs of

materials and labour including all allowances, service levy, rents
and contributions payable to Artisans etc., applicable at the time
for submitting Tenders.
The Contractor shall upon the provisional acceptance of his

Tender, and before signing the Contract, submit a copy of the
Bills of Quantities fully monied out and totalled in ink to the
Quantity Surveyor. The Quantity Surveyor shall be at liberty to
call for adjustments of individual rates and to rectify
discrepancies that he considers necessary provided that the
Contract sum is not altered.
F....................... V....................... T.......................
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1409 3-53
A Prime Cost, Provisional Sums, Nominated Suppliers and
Artists
Prime Cost and Provisional Sums are NETT and exclude all trade
and cash discounts which shall be to the Employer's account.
Discounts obtained for early payment or full payment without
retention shall only be allowed to the Contractor following proof
that these monies were paid by the Contractor before receipt of
same from the Employer.
These amounts are to be used as directed by the administrator

and are to be deducted in whole or in part if not required. The
Employer may pay all or any portion of these sums direct.
Provisional Sums are for work to be executed complete by

Nominated Sub-Contractors. Prime Cost Sums are for goods
delivered to site, unless otherwise described, by Nominated
Suppliers.
The Contractor must include for profit, if required, also for

unloading and receiving same and returning empty packing cases,
carriage paid, to maker's works in good condition where
applicable.
The Contractor shall furnish receipted invoices to the Quantity

Surveyors if required. The Contractor is to allow for Employer's
workmen etc., to enter upon the site for the purpose of executing
work which does not form part of this Contract. The Contractor
is to allow where elsewhere provided in these Bills of Quantities
for any profit and attendance he considers necessary.
Payment of profit and attendance will be calculated in accordance

with the System of Measurement of Building Work in Zimbabwe
and any amendments thereto once the works or portion of the
works have been executed.
No profit mark-up will be allowed to the Contractor on claims for

increased costs submitted by Sub-contractors or Nominated sub-
contractors.
NOTE:Any builders' work required in this connection not

elsewhere measured will be measured and valued at Bill rates or
pro-rata thereto.
F....................... V....................... T.......................

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1409 3-54
A Overtime
No objection will be raised to the working of overtime if

permitted by the Authorities but no overtime will be paid for as
an extra unless expressly ordered in writing by the
administrator. In the event of the administrator authorising
overtime the Contractor shall be reimbursed the nett extra cost
necessarily incurred in accordance with the rules and awards of
the recognised wage fixing body concerned plus 10% to cover
overheads and profit.
Weekly labour returns are to be submitted to the Quantity

Surveyor weekly.
F....................... V....................... T.......................
B Samples
Samples are physical examples furnished by the Contractor for

illustrated materials, equipment or workmanship and to establish
standards by which the work shall be judged. The Contractor
shall furnish without delay such samples and mock-ups as may
be called for by the administrator, who may reject all material
and workmanship not corresponding with the approved samples.
F....................... V....................... T.......................
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1409 3-55
A Removal of materials and improper workmanship
The administrator shall during the progress of the Works have

power to order in writing, the removal from the Works within
such reasonable time as may be specified in the order, of any
materials which, in the opinion of the administrator, are not in
accordance with the Drawings, Bills of Quantities or his
Instructions and the substitution of proper materials, the removal
and proper re-execution of any work executed in an improper and
unworkmanlike manner and not in accordance with the
Drawings, Bills of Quantities or his Instructions and the
Contractor shall forthwith carry out such order at his own cost.
In case of default on the part of the Contractor to carry out such
order, the Employer shall have the power to employ and pay
other persons to carry out same and all expenses consequent
thereon shall be borne by the Contractor and shall be recoverable
from him by the Employer, or may be deducted by the Employer
from any monies due or that may become due to the Contractor.
Such order shall be given in writing if required by the Contractor.
F....................... V....................... T.......................
B Plant and Equipment
The Principal Contractor shall provide all plant, tools, tackle,

staging, scaffolding, cartage, materials, goods, labour and
everything of every sort and kind necessary for the several works
and requisite for their due and proper execution. The Principal
Contractor shall maintain and remove the same on completion or
earlier if not required for the progress of the works. Only that
plant and equipment that is used on the contract will be paid for.
F....................... V....................... T.......................
C Contractor's Offices and Sheds
The Principal Contractor must erect on site, maintain and remove

at completion ample temporary sheds for the proper storage of
perishable materials and for the use of the workman and an office
for his own use and for the use of his Foreman and for the safe
custody of the drawings and documents. All drawings, etc. are to
be carefully mounted on boards.
F....................... V....................... T.......................
________________
1409 3-56
A Offices
The Principal Contractor shall provide, maintain and remove an

completion office accommodation for meetings held on site. The
office shall be provided with tables and chairs sufficient for the
maximum number of persons attending meetings and shall be kept
clean.
F....................... V....................... T.......................
B Clerk of Works' Office
The Principal Contractor shall immediately upon award of

contract, provide, maintain and remove on completion a suitable
Clerk of Works office of minimum size 4 x 4 x 2.7 m high
internally, suitably ventilated, heated, well lit, quiet, etc. with
desk, chairs and drawers for drawings. The Principal Contractor
shall keep the office clean at all times.
F....................... V....................... T.......................
C Photoprints
The Principal Contractor shall submit to the administrator (10)

photoprints (minimum size 250 x 150 mm) for the project after
each progress reporting period during the contract period. The
photographs shall be taken as directed by a firm to be approved
by the administrator.
F....................... V....................... T.......................
D Progress Meetings
Meetings related to the progress of the works will be held at

regular intervals and at such other times as may be necessary, as
determined by the Administrator, attended by the following:
1. the Administrator;
________________
1409 3-57
2. the Principal Contractor's representatives who shall be
familiar with progress of the works and have the authority to
make decisions and commitments on behalf of the Principal
Contractor;
3. the employer's representative where applicable;
4. consultants as may be required.
At each meeting the Principal Contractor will provide the

Administrator with a progress report monitored against the
programme for the contract.
Sub-Contractors shall not be present at progress meetings unless

specifically requested by the Pricipal Contractor.
The Administrator shall record the minutes of the meetings and

distribute them to all affected parties
F....................... V....................... T.......................
A Technical Meetings
Separate meetings to deal with technical matters shall be held at

the instance of the Administrator or the Principal Contractor.
F....................... V....................... T.......................
B Contractor to provide everything necessary
The Contractor is to provide all materials, labour, carriage,

cartage, templates, patterns, moulds, profiles, casings, centres,
pumping, tools, engines, implements, tackle, staging,
scaffolding, timber for excavations, sheds for storage of material,
shoring and strutting and all costs and charges necessary for the
protection of the materials, the premises and the surrounding
property.
The Contractor is to provide for covering the walls or any other

part of the building as necessary to protect same from frost or
other inclement weather and provide all temporary eaves gutters,
down pipes, surface water drains, etc.
________________
1409 3-58
Provide and lay temporary surface drains to prevent the site from
becoming flooded or any of the works damaged including any
necessary day and night working.
The Contractor is to allow for all necessary protection to finished

work liable to injury to the satisfaction of the administrator and
remove at completion.
If the works are damaged in spite of these precautions, reinstate

all injuries and leave perfect.
F....................... V....................... T.......................
________________
1409 3-59
APPENDIX
Commencement Date:
26 June 2015
Contract Period :
16 Months
Liquidated and Ascertained Damages:

$2 500 a day
Period of Interim Certificates:

Not more than one per mensem
Period of Honouring of Certificates:

30 Days
Percentage of Certified Value Retained:

5% Cash retention with 2.5% released on Practical
Completion and the other 2.5% on completion of the
defects liability period.
Limit of Retention Fund:

5%
Advance Payment:
No advance payment will be paid to the contractor
________________
________________
1409 3-60
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1409 3-61
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BILL NO. 1 ________________
PRELIMINARY AND GENERAL
CARRIED TO FINAL SUMMARY $
________________
1409 3-62

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BILL NO.

PRELIMINARY AND GENERAL

(APPLICABLE TO THE WHOLE CONTRACT)

ARTICLES OF AGREEMENT AND CONDITIONS OF

The Form of Contract for the Works shall be the

The additional terms set out hereunder are supplementary

Item Clause Amount

1.1 Any reference in the contract documents to a provision in

1.3 References in the contract documents to clauses refer to

1.4 When the administrator has issued any certificate under

1.5 Wherever under this agreement provision is made for the

1.7 All additions, amendments and variations to this agreement

1.8 This agreement supersedes any previous agreements or

F....................... V....................... T.......................

1.9 In respect of a notice to be given, written acknowledgement

1.10 The addresses, facsimile numbers or e-mail addresses for

F....................... V....................... T.......................

F....................... V....................... T.......................

C Execution and payment for the Works

Principal Contractors Obligations

3.1 The principal contractor shall provide everything necessary

3.2 The principal contractor, when requested by the

F....................... V....................... T.......................

4.1 The administrator shall arrange for the signing of this

4.2 The original contract documents shall be held by the

4.3 The documents shall be mutually explanatory of one another.

F....................... V....................... T.......................

5.1 The principal contractor shall within 15 days, or such other

5.2 The programme shall contain the following:

5.3 Upon receipt of the programme, the administrator will

5.4 Within 2 days of the programme being reviewed, the

5.5 If at any time it appears to the administrator that actual

5.6 Any revised programme shall follow the review procedure

F....................... V....................... T.......................

6.1 Except as provided in this clause, the principal contractor

6.2 Where it is so stated in the contract documents, the

6.3 Where the principal contractor specifies a proprietary

6.4 The principal contractor shall, as part of the principal

6.4.2 responsibility for the programming of the principal

6.4.3 the giving of all consents, comments, approvals or

6.5 The administrator shall timeously issue to the principal

6.6 The administrator shall be entitled to issue instructions to

6.7 Any drawing issued by either the administrator or the

6.8 The principal contractor shall, in relation to the principal

6.9 The principal contractor shall be responsible for all

6.10 The principal contractor shall provide the administrator,

6.11 The administrator will review any design information

6.12 In the event of a resubmission of information for review, the

6.13 No review carried out by, or instruction given by the

6.14 Any error, divergence, omission or discrepancy in all or any

F....................... V....................... T.......................

A Royalties, Patent Rights and Copyright

7.1 The principal contractor shall indemnify the employer

7.2 In the event of any claims being made or proceedings

F....................... V....................... T.......................

8.1 The principal contractor shall not, without the prior

8.2 None of the contract documents shall be used by either

8.3 Except where necessary for the execution of the works

F....................... V....................... T.......................

9.1 The employer has appointed the consultant team as detailed

9.2 The principal contractor shall afford the consultant team

9.3 In the event of any member of the consultant team being

9.4 A member of the consultant team appointed after the