8 BUSINESS AND TRAINING
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
“ The employer is not a party to any‘ subcontract agreement’. There is no privity of contract between the employer and a‘ nominated / selected or a domestic subcontractor’. The employer cannot directly instruct or condemn the work of a subcontractor.”
Relationships: principal contractor and subcontractor
By
Uwe Putlitz
In the typical( build only) or( employer design / contractor builds) SfCC, the principal contractor’ s( PCr) obligations vis-a-vis the employer and contractors are described – as are the respective rights and obligations between the PCr and a subcontractor described in a SfSC. All publishers of SfCC offer synchronised standard-form subcontracts( SfSC) aligned with the respective SfCC.
Execution of the subcontract works – on appointment, the contractor must( JBCC procedure): on instruction from the principal agent / contract administrator( PA / CA) appoint each‘ nominated’ and / or‘ selected’ subcontractor using the Standard-form Subcontract( SfSC) aligned with the SfCC and signed before the subcontract-works commence, subject to the receipt of all listed‘ returnables’( a unique South African building industry term for supporting documents to a tender); and:
• provide a guarantee for payment( if specified in the subcontractor’ s tender submission);
• provide an area for the subcontractor to use as or erect temporary storage, workshop and / or a site office;
• define restrictions to the site applicable to the subcontractor;
• permit the use of personnel welfare facilities;
• permit the use of construction equipment( CE) while deployed on the site in accordance with the works programme at no cost;
• Note: The PCr must give timeous Notice to Subcontractors before removing CE from the site / works in terms of the programme; o Note: where the subcontract-works is late in terms of the current programme, the subcontractor may be liable for the cost of the extended use of CE; o Note: where the subcontract works is delayed through no fault of the subcontractor, the subcontractor is entitled to the continued use of CE at no additional cost;
• hold regular meetings to monitor progress and to deal with technical and co-ordination matters – and to record and timeously distribute minutes;
• on receipt of a contract instruction, issue a‘ contractor’ s instructions’( unique JBCC terminology) to all( involved) subcontractors;
• remain responsible for the works including the subcontract-works except on default( after notice) of work by a nominated subcontractor.
Execution of the subcontract-works – on appointment, the subcontractor( JBCC procedure):
• is deemed to be familiar with the site / works before submitting a tender;
• must, on appointment by the PCr, submit the priced document, indicative programme, specified guarantees, and where applicable, design information, or queries relating to the design specification, within the stipulated period;
• must comply with applicable statutory regulations;
• must co-ordinate the subcontract-works with the works programme to enable the CA / PA to monitor the progress of the whole works, or a section thereof, and submit regular progress reports in terms of the current programme;
• is not required to insure the subcontract-works( included in the contract works Insurances), but is responsible for statutory insurance, tools, etc.
Execution of the subcontract works – the subcontractor must:
• designate a‘ competent person’( Construction Regulations 2014) to administer, control and permit access to the subcontract-works, maintain daily site records, keep accessible a current copy of all subcontract construction information, the approved SC health and safety plan, permit access to places where subcontract-works may be prepared, executed or stored;
www. plumbingafrica. co. za @ plumbingonline @ plumbingonline @ PlumbingAfricaOnline November 2025 Volume 31 I Number 09