About this Publication:

The first edition of The Building Contract by the late Eyvind Finsen was published in 1999 and followed on the 1991 publication of The New Building Contract. The earlier book was an introduction to the new Joint Buildings Contract Committee (JBCC) contract documents, whereas the later book provided commentary on the JBCC building agreements, which by then were widely used in the construction industry.

This third edition, now named Finsen’s The Building Contract, has been revised and updated. It covers the latest Principal Building Agreement (PBA) and the Nominated/Selected Subcontract Agreement (NSSA), as well as the Minor Works Agreement (MWA), and the various contract data documents and the associated forms and certificates that are used with these agreements. The Construction Industry Development Board (CIDB) has agreed that South African organs of state may use the private sector agreement. Accordingly, this agreement has been amended in consultation with the National Department of Public Works to cater for certain of the State’s requirements.

Finsen’s book is widely recognised as a reference work in the construction industry. This updated edition will be of significant value to building professionals as well as to client bodies, attorneys and advocates who specialise in resolving construction disputes. It is also intended for students who aim to enter these fields. This book aims to equip its readers with the knowledge needed to avoid contractual disputes.

Contents Include:

• Table of Cases
• Table of Statutes
• Section 1: Introduction
• Section 2: Principal Building Agreement (PBA) Edition 6.2
• Section 3: Minor Works Agreement (MWA)
• Section 4: Nominated/Selected Subcontract Agreement (NSSA)
  • Interpretation
  • Insurances and securities
  • Execution
  • Completion
  • Payment
  • Suspension and termination
  • Dispute resolution
  • Agreements
    • PBA Contract Data
    • MWA Contract Data
    • JBCC® N/S Subcontract Agreement
  • Section 5: Standard forms & annexures
    • General Preliminaries
    • Certificate of Site Possession (PBA & MWA)
    • Waiver of Contractor’s Lien (PBA & MWA)
    • Certificate of Completion (MWA – practical & final)
    • Certificate for Payment
    • Certificate of Interim Completion (for use with NSSA)
    • Subcontractor’s Payment Advice
    • Subcontractor’s Recovery Statement
    • Recovery Statement
    • Certificate for Payment
    • Subcontractor’s Payment Certificate Notification
    • Certificate of Practical Completion
    • Certificate of Final Completion
    • JBCC Adjudication Rules
    • Practical Completion Guidelines

Of Interest and Benefit to:

• Legal professionals
• Client bodies
• Architects
• Quantity surveyors
• Consulting engineers
• Project managers
• Building contractors and subcontractors
• Academics and students