![]() ![]() Once agreed, they will be recorded on the standard memorandum of agreement as produced by your institute amended to reflect the contents of this letter, and submitted to the client for signature” Standard Form of Agreement introduced by the Client, NOT by the Consultant: “The proposed terms of your employment are set out below for your acceptance. NEC3 (June 2005) Limit of Compensation / Quantum – Amount stated in the Contract Data (also in NEC2) Duration of Liability – Amount stated but only if selecting Secondary Option Clause X18 (not in NEC2)ī&B EIENDOMME (PTY) LTD V MOSTERT, VAN DER BERG & DE LEEUW OFS High Court Decision Issue at hand - was the validity of SAACE Standard FoA Liability Limitation clauses, where the agreement is included by reference to it in a letter. CIDB (2nd Edition, September 2005) Limit of Compensation / Quantum – Sum insured for insurable events sum stated in contract data/twice fee if non-insurable event Duration of Liability – period stated in Contract Data, if no period stated 3 years from termination or completion of the ContractįIDIC (4th Edition, 2006) Limit of Compensation / Quantum – Fixed amount, sum stated in Particular Conditions Duration of Liability – Determined by Parties and inserted into the Particular Conditions twice fee If none selected, default is twice fee Duration of Liability - 5 years from the earlier of Practical Completion of the Works Completion of Consultant’s Services Suspension or Cancellation of the Agreement. limit of indemnity (avoid this option) 2. ![]() Limit of Liability PROCSA (2nd Edition, August 2009) Limit of Compensation / Quantum - Select one of these options in the schedule: 1. Obligations FIDIC (4th Edition, 2006) - Duty of Care - exercise reasonable skill, care and diligence - exercise of authority NEC3 (June 2005) - Provide services in scope - Duty of Care - exercise reasonable skill, care and diligence Obligations PROCSA (2nd Edition, August 2009) - execute services, - Duty of Care - exercise reasonable skill, care and diligence - exercise quasi-arbitrator function if requested - only make alterations/additions if client consents - co-operate with other consultants CIDB (2nd Edition, September 2005) - exercise of authority - provide insurance - need client’s approval to appoint sub-consultants and Key persons - co-operation with others - notice of changes Eskom, Telkom, Amplats, Transnet, DPW, Sasol 9 Core Clauses - general conditions 4 Main Option Clauses – remuneration basis Secondary Option Clauses – pick and choose Contract Data Adjudicator’s contract Penalty clause Latest Edition: June 2005 Recommended by: eg. Latest Edition: 4th Edition, 2006 Recommended by: FIDIC Agreement Particular Conditions General Conditions Contract Data Form of Offer and Acceptance 3.11 Penalty clause 3.12.2 Insuring Clients equipmentįIDIC Client/Consultant Model Services Agreement Latest Edition: 2nd Edition, September 2005 Used by: Public Sector Procurement General Conditions of Contract Personnel Schedule FIDIC FOURTH EDITION 2006 PROFESSIONAL Recommended by: CESA AAQS ACPM ASAQS SABTACO SAIA SAPOA Agreement - Terms & Conditions Annexure A - ScheduleĬIDB Standard Professional Services Contract Latest edition: Edition 2.0, August 2009 PROCSA Client/Consultant Professional Services Agreement Particular Conditions / Z Clauses Law of Contract – Offer & Acceptance Copyright Amendments - Schedules / Contract Data / Introduction Obligations Limit of Liability Indemnity Copyright & Intellectual Property Dispute Resolution Payment Conclusion ![]() CONTRACTS by COMPARISON Meggyn Visser Senior Risk Advisor ![]()
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