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Part C1.2 Contract Data

The Conditions of Subcontract are selected from the NEC3 Engineering and Construction Short Subcontract (Third edition of June 2005) published by the Institution of Civil Engineers, copies of which may be obtained from Engineering Contract Strategies (telephone 011-803 3008) Each item of data given below is cross-referenced to the clause in the NEC3 Engineering and Construction Short Subcontract which requires it.
Completion of this data in full, according to the Options chosen, is essential to create a complete subcontract.

Part one - Data provided by the Contractor

1
10.1

General
The Contractor is (Name): Address: Tel No: Fax No: Email:
Delete row if email is not permitted as a form of communication Insert data

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80.1

The Employer in the main contract is (Name):

Address: Tel No: Fax No: Email:

Insert data

Delete row if email is not permitted as a form of communication Delete row if main contract is under the NEC3 ECSC or insert data

Info

The Project Manager in the main contract is (Name):

Address: Tel No: Fax No: Email:

Delete row if email is not permitted as a form of communication Delete row if main contract is under the NEC3 ECSC or insert data

info

The Supervisor in the main contract is (Name):

Address: Tel No: Fax No: Email:

Delete row if email is not permitted as a form of communication Reproduce the description of the works in the main contract Describe the subcontracted works clearly but briefly to enable the subcontracted works to be identified Describe the site and its extent. Provide a date or state weeks after the starting date

info

The works in the main contract are

11.2(11) 11.2(12) 11.2(2)

11.2(12)

The subcontract works are In this subcontract the site is The completion date is
The Site Information is in Part C4: Site Information

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11.2(13)

The Works Information is in the document called Part 3: Scope of Work

The Works Information should as a minimum: provide a description of the subcontract works, list the drawings, list the applicable specifications, state the constraints on the sequence and timing of the work and the methods and conduct of work including the requirements for any work by the Subcontractor, requirements for the programme, if any, state what the use of the subcontracted works is intended to be (see clause 11.2(1) e.g. final incorporation into the works in the main contract works without any notified Defects that would delay the main contract completion, describe what the Contractor will provide e.g. services such as water and electricity, free issue of Plant and Materials and equipment. Insert the data.

13.2

The period for reply is: for a reply by the Contractor: weeks more than the period for reply in the main contract
for a reply by the Subcontractor: weeks less than the period for reply in the main contract

The period for reply in the main contract is weeks 2 The Subcontractors main responsibilities
No data required for this section of the conditions of subcontract.

3
30.1

Time
The starting date is
Provide a date or state two weeks after the Su consultant receives one fully completed original copy of this subcontract, including the schedule of deviations (if any) as contained in the Form of Offer and Acceptance, as appropriate.

4
40.1

Defects
The defects date is weeks after Completion
Insert the number of weeks if the defects date is calculated from Completion of the subcontract works or delete row. (Period depends on type of services and is typically between 26 and 52 weeks).

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The completion date of the whole of the works in the main contract is The defects date is weeks after completion of the whole of the works in the main contract 41.3 The defect correction period is weeks

Insert data if the defects date is calculated from completion of the works in the main contract or delete row

Insert the defects correction period, ensuring that it is compatible with the Contractors compliance with the main contract..

5
50.1

Payment
The assessment interval is between 12:00 hours on the day of each successive month.
State the day of the month or replace with The assessment interval is ..weeks State the amount of the delay damages per day State the retention percentage Insert a rate only if the rate is less than 0.5% per week of delay or delete row

50.5 50.6
51.2

The delay damages are per day The retention is %

The interest rate is % per complete week of delay

6 62.3 7

Compensation events The period within which the Contractor replies after the Subcontractors submission of a quotation is weeks Title
No data required for this section of the conditions of subcontract.
Insert data seven weeks if the main contract is under the ECC, or four weeks if the main contract is under the ECSC

8 80.1 82.1 82.1 82.1

Indemnity, insurance and liability The Subcontractor is not liable to the Employer or Contractor for loss of or damage to the Employers or Contractors property in excess of R for any one event The Contractor provides this insurance: The minimum amount of cover for the third insurance stated in the Insurance Table is R The minimum amount of cover for the fourth insurance stated in the Insurance Table is R
Enter an amount.

Insert data if the Contractor is to provide the insurance or delete row Insert data

Insert data

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9 93.1

Termination and dispute resolution

The Adjudicator is (Name) Address Tel No. Fax No. e-mail
Insert Z clause (see below) or delete row if adjudicator is appointed at the time that the contract is concluded. State name of adjudicator and provide data if appointed at the time that the contract is conclude or delete row if option below is selected

93.1

The Adjudicator is the person selected by the Parties in terms of the relevant Z Clause from the Panel of NEC Adjudicators set up by the Joint Civils Division of the Institution of Civil Engineers and the South African Institution of Civil Engineering (see www.jointcivils.co.za). The adjudicator nominating body is the Chairman of the Joint Civils Division of the Institution of Civil Engineering and the South African Institution of Civil Engineering (see www.jointcivils.co.za). The tribunal is The arbitration procedure is as set out in the Rules for the Conduct of Arbitrations Fifth Edition 2005 published by the Association of Arbitrators (Southern Africa) . The place where arbitration is to be held is The person or organisation who will choose an arbitrator if the Parties cannot agree a choice or if the arbitration procedure does not state who selects an arbitrator, is the Chairman of the Association of Arbitrators (Southern Africa)

93.2(2)
93.4 93.4

Insert arbitration or a reference to a South African Court of Law Delete rows associated with arbitration if the tribunal is reference to a South African Court of Law. Alternatively state as set out in the Rules of the Arbitration Foundation of Southern Africa Insert town or city where arbitration is to be held Alternatively state the Chairman of the Arbitration Foundation of Southern Africa

94.1

The United Kingdom Housing Grants, Construction and Regeneration Act (1996) does not apply
Additional conditions of subcontract The additional conditions of subcontract are

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1 Selection and appointment of the Adjudicator A Party may at any time notify the other Party of the names of two persons he has chosen from the Panel of NEC Adjudicators set up by the Joint Civils Division of the Institution of Civil Engineers and the South African Institution of Civil Engineering (see www.jointcivils.co.za) whose availability to act as the Adjudicator the notifying Party has confirmed. The other Party selects one of the two persons chosen to be the Adjudicator within four days of receiving the notice, failing which the person chosen by the notifying Party will be the Adjudicator. The Parties appoint the selected Adjudicator under the NEC3 Adjudicators Contract, June 2005. 2 Notification of a compensation event Replace eight weeks in clause 61.1 with three weeks.

Delete row or include where Adjudicator is chosen at the time of the award of the subcontract.

Insert only if the notification in the main contract is reduced from 8 to 4 weeks. Delete row if seven weeks is applicable.

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