BUSINESS AND TRAINING 15
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Avoid disputes getting ugly .
to the reasonable satisfaction of the Architect , who may in his absolute discretion and from time to time issue further drawings , details , and / or written directions and written explanations , all of which are hereafter referred to as ‘ Architect ’ s Instructions ’.”
Eight criteria = variations to works ; discrepancies in documentation ; removal from site of materials ; removal and / or re-execution of work ; dismissal from the works ; open up for inspection ; making good defects ; prime cost and provisional sum items .
The ASCBC refers to ‘ arbitration ’ in clause 26 : “ Provided always that in case any dispute or difference shall arise between the Employer or the Architect on his behalf , and the Contractor , either during the progress or after completion of the Works or after the determination of the employment of the Contractor under this Contract , abandonment or breach of the Contract , as to the construction of the Contract , or as to any matter or thing arising thereunder , or as to the withholding by the Architect of any certificate to which the Contractor may claim to be entitled , then the Architect shall determine such dispute or difference by a written decision given to the Contractor . The said decision shall be final and binding on the parties , unless the Contractor within fourteen days of the receipt thereof by written notice to the Architect disputes the same in which case or in case the Architect for fourteen days after a written request to him by the Employer or the Contractor fails to give a decision as aforesaid , such dispute difference shall be and is hereby referred to the arbitration – and final decision of ….. * or , in the event of his death or unwillingness or inability to act , an Arbitrator selected by the Contractor from two persons nominated on the request of either party by the President-in-Chief for the time being of The Institute of South African Architects , and the award of such Arbitrator shall be final
and binding on the parties . Such reference , except on the question of certificate or question arising under Clause 3 or 4 of the Articles of Agreement , shall not be opened until after the completion or alleged completion of the Works , unless with the written consent of the Architect and the Contractor .
The Arbitrator shall have power to open up , review and revise any certificate , opinion , decision , requisition or notice , and to determine all matters in dispute which shall be submitted to him , and of which notice shall have been given as aforesaid , in the same manner as if no such certificate , opinion , decision , requisition or notice had been given . Upon every or any such reference the costs of and incidental to the reference and award shall be in the discretion of the Arbitrator , who may determine the amount thereof , or direct the same to be taxed as between attorney and client or as between party and party and shall direct by whom and to whom and in what manner the same shall be borne and paid .
The ( 1974 and the ) 1977 edition ( s ) remained in general use until the formation of the Joint Building Contracts Committee in 1984 and the publication of the 1991 edition ( 1 ) of the Principal Building Agreement . The 1963 JCT version ( Joint Contracts Tribunal - the successor to the RIBA forms of contract at the time ) removed wording ‘ at the sole discretion of the Architect ’ and that ‘ the Contractor shall carry out and complete the works in accordance with this contract in every respect in accordance with directions and to the reasonable satisfaction of the Architect who may , in his absolute discretion , issue further instructions from time to time ’. The contract encouraged the parties to resolve any differences between them failing which by a person nominated by the ( vice ) president of the RIBA 4 .
4 supra
January 2025 Volume 30 I Number 11 www . plumbingafrica . co . za