Construction processes – progress of the works and payment entitlement
By
Uwe Putlitz
A‘ contract’ is defined as a“ written or spoken agreement intended to be enforceable by law”( SA Concise Oxford Dictionary) typically recording the critical project performance criteria of‘ cost’,‘ time’ and‘ quality’ by the contractor as defined by the employer who makes payment as the works progresses.
The contractor must programme the works incorporating all subcontract works to achieve interim completion before the contractor ' s due date for practical completion.
The subcontractor must:
• On appointment prepare and co-ordinate with the PCr a subcontract programme to enable the contractor to monitor progress of the subcontract works, update the subcontract programme where the date of( interim) practical completion has been revised, and submit regular progress reports in terms of the subcontract programme.
In JBCC terminology:
• The PCr must issue the list for interim completion within five working days of inspection of the subcontract-works.
• The PCr must issue the certificate of interim completion within a set number of working days to record the date when interim completion was achieved.
• On achievement of interim completion, the SC shall hand over to the PCr all operating and instruction manuals, product guarantees and information for the preparation of‘ as built’ documentation by the PA / CA and / or agent and applicable statutory / regulatory approval certificates 2018 JBCC NSSA Edition 6.2 Clause 18.5.
• The PCr must issue the list for completion within five working days of the date of practical completion.
• The SC, in consultation with the PCr, attends to defects progressively to minimise inconvenience of the occupants. The SC invites the PCr and responsible agents to inspect the subcontractworks timeously before final completion and rectifies items on the list for final completion before final completion can be certified.
Note: JBCC publishes standard certificate of interim, practical and final completion forms as a free download from www. jbbc. co. za
Note: A careless signature on a“ certificate of completion”, if the specified stage of completion has not been met, it may result in a professional negligence claim from the employer.
Note: According to the 2018 JBCC NSSA Edition 6.2 Clause 18.6“ Where the subcontract-works or a portion thereof includes mechanical and / or electrical systems that are put to use for the convenience of the contractor with the permission of the subcontractor, the guarantee period for such systems shall commence on the date of practical completion [ 19.0 ]”
Note: The subcontract programme is also useful to prepare the subcontractor’ s anticipated cash flow as a management tool.
Assuming progress of the subcontractworks is as planned, the subcontractor’ s claims for payment should follow the programme / cashflow.
• Note: The subcontract construction period – defined in JBCC agreements – extends from the date [ CD ] of access to the subcontract works and ending on the date of interim completion.
BUSINESS AND TRAINING 9
Uwe Putlitz is a registered professional Architect and Construction Project Manager, a Fellow of the Royal Institute of Chartered Surveyors( RICS) and is a visiting lecturer at the School of Construction Economics and Management at the University of the Witwatersrand. Having recently retired as the Chief Executive Officer of the Joint Building Contracts Committee( JBCC) he specialises in the avoidance of construction disputes by way of lectures, technical articles dealing with aspects of contract administration for various industry publications arising from the use of Standardform Contracts including the Federation Internationale des Ingenieurs-Conseils( FIDIC), the General Conditions of Contract( GCC), the JBCC or the New Engineering Contract( NEC) to find an acceptable settlement without resorting to legal processes, where possible.
More info: info @ buildstrat. co. za
A‘ contract’ is defined as a“ written or spoken agreement intended to be enforceable by law”.
Natalyia Vaitkevich | Pexels
February 2026 Volume 31 I Number 12 www. plumbingafrica. co. za