BUSINESS AND TRAINING 9
• provide everything necessary for the proper execution of the subcontract-works, proceed with due diligence etc to bring the subcontract-works to practical and final completion and, where applicable, remove all temporary works and CE on completion;
• give notice‘ immediately’ where information is late or incomplete, or where other circumstances arise that may disrupt the proposed execution of the subcontract-sorks;
• co-operate and co-ordinate with and allow other subcontractors, the PCr and direct contractors sequential access to the subcontract-works following the current programme and promptly refer any conflicts etc to the CA / PA and the responsible agent;
• request a‘ contractor’ s instruction’ to clarify missing information, conflicts, etc.
Note: 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.
If the subcontractor is responsible for‘ design’ The type or complexity of a project may require the involvement of‘ specialists’ to guide the design process. The employer and the design team must determine:
• If a product / equipment to fulfil a particular function in the completed project – requiring product support after installation – is available only from a single or very few suppliers, its specification should be carefully considered and such requirements recorded in a supplier contract.
• The appointment of such vendor as a‘ nominated subcontractor’ responsible for specific product design to suit local environmental conditions may be a preferred option using the 2018 JBCC NSSA edition 6.2( or other agreed SfSC), appointed by PCr in terms of a contract instruction from the PA / CA. A provisional sum must be allowed in the contract sum for such procurement).
• Alternatively, should such‘ supplier’ be appointed as a‘ direct contractor’( DC) to the employer, with the PCr‘ allowing access’ to the site for installation, the Employer remains responsible for the‘ product’. The PCr is only responsible for the preparation of the works for the installation according to information provided by the‘ equipment’ supplier; and to enforce the DC’ s compliance with the accepted health and safety plan.
Note: JBCC publishes a Direct Contractor Contract 2020 Edition 1.
Where a product or service is to be designed by a‘ specialist’, such subcontractor must:
• Submit proof of professional competence for the specified design;
• Submit proof of a valid professional indemnity insurance policy endorsed for‘ this project’;
• Comply with applicable design, installation and / or commissioning standards and regulations;
• Submit design particulars for review by the responsible design agent by the stipulated date( s);
• Submit a design indemnity to the contractor in favour of the employer.
Note: The Parties must be aware of the different allocation of responsibilities if a‘ selected’ or‘ nominated’ subcontactor is appointed.
Execution – design by a subcontractor – the contractor:
• Is exempt from any responsibility for the adequacy or correctness of such design;
• Remains responsible for the timeous submission of design information by the subcontractor for review by the responsible agent following the accepted programme;
• May be entitled to claim an extension of time and possibly with costs if, after notice of default, the design subcontractor fails to submit stipulated information timeously for review and / or if the CA / PA and / or design agent fails to timeously accept( or reject) such design in compliance with the accepted programme.
Design by a subcontractor – the principal agent / contract administrator and / or design agent:
• Is / are responsible for timeous review of the subcontractor design following the accepted programme;
• Is / are responsible for the co-ordination of a subcontractor design within the whole works.
The subcontractor may:
• If delayed by the PCr and / or other subcontractors, recover damages from all other contractors;
• Be liable to the PCr for damages where the( revised) date for interim( JBCC NSSA only) or practical completion of the subcontract-works as a whole, or a section thereof, is not achieved.
Completion of the subcontract works – the contractor must:
• Invite the CA / PA and / or agents to inspect the subcontract-works in terms of the current programme;
• Issue a list for interim completion( JBCC NSSA only) / practical completion for the subcontract-works.
• Where the PCr fails to issue a certificate of interim completion, after notice to do so, interim completion is deemed to have occurred on the expiry of the stipulated notice period;
Completion of the subcontract works – the subcontractor must:
• Attend to items on the list for interim completion( JBCC NSSA only) and / or practical completion;
• In preparation for practical completion invite the contractor, CA / PA and / or agents to inspect the subcontract-works, and where applicable, witness commissioning procedures;
• Provide to the CA / PA and / or agents information for the preparation of asbuilt documentation and hand over all operating manuals( training?) and / or product warranties and / or applicable statutory compliance certificates.
After the Certificate of Practical Completion has been issued, but before final completion – the subcontractor must:
• Attend to items on the list for( subcontract) completion( JBCC terminolgy);
• Be aware that commissioning of some equipment( HVAC, etc) may require checking and adjustment during the next four seasons;
• Note: Only JBCC contracts [ 21.1 ] define the defects liability as ninety calendar days from the date of practical completion. Any seasonal adjustments must be covered in a separate“ equipment maintenance agreement”.
• Attend to items on the list for final completion;
• Cede to the employer any outstanding guarantees, product warranties and design indemnities.
• Co-operate with the PCr and the CA / PA to determine the value of work completed and applicable adjustments including measurements onsite, where required;
• Agree the subcontract final account with the PCr, CA / PA and / or agents, if not done already.
After the certificate of final completion has been issued – the subcontractor must:
• On receipt of the final payment, submit all certificates of compliance or the like withheld as a lien for outstanding payments. PA
November 2025 Volume 31 I Number 09 www. plumbingafrica. co. za