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8
CONSTRUCTION WORLD
SEPTEMBER
2016
Protecting the
RIGHTS
of
BUILDINGOPERATORS
>
MARKETPLACE
When was the Joint Building Contracts Committee
established and what led to its establishment?
The first ‘standard building contract’ was written in 1879 by the Royal
Institute of British Architects (RIBA) and the Association of Master
Builders in London. This document was revised in 1931 by the RIBA and
published in SA by the Institute of SA Architects (ISAA) in the same year.
In 1963, the RIBA substantially revised the document in conjunction
with others under the umbrella of the ‘Joint Contracts Tribunal’ which
continues to publish contract documents in England.
In 1981, South Africa followed the trend in England under the
banner of the Joint Study Committee with the ISAA (now SAIA) inviting
other role players to join the committee which was replaced by the
Joint Building Contracts Committee in 1984.
The JBCC was registered as non-profit company in 1997 with its
own office and permanent staff.
Who serves on the JBCC now?
The current constituents are the Association of Construction Project
Managers, Association of SA Quantity Surveyors, Consulting Engineers
South Africa, Master Builders South Africa, Institute of Landscape Archi-
tecture in SA, SA Black Technical + Allied Trades Association, SA Insti-
tute of Architects, SA Property Owners Association, and the Specialist
Engineering Contracts Committee.
How regularly do you meet?
The Technical Committee generally meets monthly to deliberate the
content of JBCC publications and future editions. The Board meets
twice a year, and the Executive Committee, four times a year.
Is it sometimes difficult to reach consensus?
The various committees seek to reach consensus on all decisions – but
it’s not always easy.
Who decides that it is time for a review of a
document?
Delegates from the constituents suggest to the committee as a whole
that new editions or other documents are required by the industry.
Are the contractual needs and input of the
increasing number of small builders/sub-
contractors now operating in SA catered for in your
documents?
The use of language and the style of writing in the 2014 edition of JBCC
Agreements is considerably simpler compared to earlier editions. Future
editions will include further improvements in choice of wording, with
more sub-clauses instead of long clauses and also a simplification in
the layout of the text.
Are these smaller subcontractors – who mainly
don’t have funds for legal action – more in danger
of being ‘ripped off’ by other parties in a project?
Some emerging contractors lack communication and administrative
skills in addition to limited technical skills and use of labour-saving
equipment. Subcontractors are often abused by main contractors –
commonly by late, partial or no payments, and unfair imposition of
penalties. Both categories of contractors often work without being
appointed with recognised forms of contract. And even when they are
properly appointed, they tend to only read the document when things
have gone wrong.
Is there sufficient awareness among these smaller
companies about the need to protect their interests
via your contract documentation?
The potential audience dealing with contracts in the building industry
is probably in excess of 100 000 persons … but many have very limited
knowledge of any of the contracts in common use or procedures to be
followed.
How many JBCC documents have been produced
since JBCC was founded?
Six editions of the building contract have been published since 1991
with supporting documentation in the form of guides, certificate forms,
etc. The JBCC standard building agreements have been drafted to
equitably share the risk between the employer and the contractor: the
clauses in the contract provide a ‘checklist’ of the rights and obligations
of each party.
Can anyone obtain copies? Is there a charge
involved?
JBCC publications are sold in hard copy country-wide by the constitu-
ents’ regional offices (called vendors). These vendors purchase stock
Uwe Putlitz, CEO of JBCC.
The Joint Building Contracts Committee (JBCC) has become
synonymous with the compilation of documents that protect
the rights of all parties involved in building contracts. Here Uwe
Putlitz, CEO of JBCC, tells
Construction World
more about the
JBCC, its origins, operations – and challenges.