Building contracts, a means to manage the construction process: a South African perspective

[摘要] English: The construction contract, in particular the building contract, is reviewed in this study. Some viewrisk management and protection of the parties' interests as being the main objectives of this contract.This research investigates the structure of the building contracts used most often in South Africa,while comparing them with the main project and construction management areas.Four contract suites are recommended by the Construction Industry Development Board (CIDB) tobe used in public projects in South Africa, namely the Joint Building Contracts Committee (JBCC),the New Engineering Contract (NEC), the General Conditions of Contracts for Construction Works(GCC) and the Fédération Intranationale des Ingénieurs-Conseils (FIDIC). The research focused onthe contracts suitable for building work. The structure of these contracts revealed that they are similarto the structure proposed by the Project Management Body of Knowledge (PMBOK).The contract is formed between two parties, the employer or client, and the contractor. Thisagreement takes place early on in the implementation phase of the project life cycle (PLC) and isthe result of a procurement process.The four contracts reviewed vary in the way they address the project management knowledge areasand the study revealed that knowledge and experience are vital to compile a sound procurementdocument. The goal of the building contract should be to protect the parties who enter into theagreement. The study recommends that the contract should be seen as the project implementationplan (PIP) and that the implementation phase is only a section within the greater PLC. Parties shouldbe familiar with it and know their responsibilities. The employer's agent should take responsibility asthe project manager on the project and guide the parties through the processes stipulated in the PIP.The PIP or the contract can, however, only be effectively implemented if the required time, budget,and experience is devoted to its implementation and maintenance.

[发布机构] University of the Free State