The contract documents shall mean: -
The agreement; The drawings as approved by the Municipality concerned; Any other sketch plan initialled by the parties; The schedule of finished specifications to which the parties have agreed;and the aforementioned shall be initialled by the parties and annexed to this agreement as an integral part hereof.
The drawings as approved by the Municipality concerned, any other sketch plan initialled by the parties and schedule of finished to which the parties have agreed, shall be initialled and annexed as an integral part of this agreement. The said specifications shall be the specifications for the completion of the works. The signing of this contract by the employer before the commencement of the works shall be deemed to be the final instruction for the works by the employer to the contractor.
VARIATIONS OR MODIFICATIONS TO THE SPECIFICATIONS
Any variation and/or modification, that leads to an increase of labour, material or management time, to the above mentioned specifications shall be deemed to be extra works in accordance with Clause 8 hereof by the contractor. Should such variation influence the contract sum, as described in Clause 6 hereof, the parties must reduce the amended contract sum to writing and initial the same and annex the said amendment to this agreement after reaching agreement regarding the costs involved.
UNAVAILABILITY OF MATERIALS
The contractor reserves the right to replace materials / items (as specified in Clause 3 above), should such materials / items not be available at any time with similar / alternative materials / items which have been agreed upon by the parties. The contractor shall notify the employer of such unavailability of such materials / items, prior to installation. The employer shall be liable for any escalation of costs incurred as a result of the occurrence in terms of Clause 5.1 above at a rate to be agreed upon by the parties at the time, should such escalation occur, unless negligence on contractor not ordering timeously. Many suppliers do deliver to most of the suburbs in Cape Town, like Durbanville, Tableview, Milnerton, Bergvliet, Constantia, Tokai including the Cape Town Southern Suburbs.
The contract sum included the prime cost (P.C.) sums in which the provision is made for a budget for the buying of items that are specified but not qualified in any other way as by the (P.C.) amount allowed for them. Both material and labour must be borne by the above mentioned (P.C.) amounts unless otherwise specified. Where the real cost may be less that the specified amount the difference shall be paid by the contractor to the employer, and vice versa. All PC amounts shall have defined "Labour" vs "Material" estimates, unless the PC is for the work to be completed by a sub-contractor.