With the growth experienced in the Building Industry, it is increasingly important to have a contract document that can be used on projects that is reasonably acceptable to all parties concerned. The objective of the research was to determine the effectiveness of the Joint Building Contracts Committee Series 2000 Principal Building Agreement (JBCC 2000 PBA)(Edition 4.1, March 2005) currently used in the Building Industry. The literature reviewed and results of quantitative research amongst contractors formed the basis of this study. The study revealed that the JBCC 2000 PBA is the most favourable contract document used by contractors in the Building Industry. With the inclusion of a range of construction guarantee alternatives in the contract document in lieu of the retention clause, more than half of the respondents have indicated that they are in favour of a retention clause to be included in the contract document as an alternative security option. The study also showed that there are still areas of concern with regards to the difficulty in interpreting and implementing numerous clauses of the document and that amendments were made to the document without legal advice, resulting in disputes. The research further also revealed that developing building contractors experience difficulties in general where the JBCC 2000 PBA is used as contract document on projects. There also seems to be no balance of risk between the employer and contractor in most cases where this contract document is used. The research concluded with proposals on revisions to some clauses to ensure a better contract document that will be acceptable to all contractors in the Building Industry and ultimately to be an internationally acceptable document.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nmmu/vital:9665 |
| Date | January 2008 |
| Creators | Cumberlege, Roy Charles |
| Publisher | Nelson Mandela Metropolitan University, Faculty of Engineering, the Built Environment and Information Technology |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis, Masters, MSc |
| Format | ix, 156 leaves, pdf |
| Rights | Nelson Mandela Metropolitan University |
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