JBCC® Documents Quick Guide

The Joint Building Contracts Committee® NPC (JBCC® ) is representative of building owners and developers, professional consultants and general and specialist contractors who contribute their knowledge and experiences to the compilation of the JBCC® documents that:

  • portray the consensus view of the constituent members;
  • are published in the interests of standardisation and good practice
  • with an equitable distribution of contractual risk
  • for use throughout Africa - and elsewhere!

The three agreements are supported by a set of standard forms that simplify the administration of the contract.

Note: Only the Principal Building Agreement, Nominated/Selected Subcontract Agreement and Minor Works Agreement carry edition numbers. All other documents are dated only as they are designed to be compatible across the editions of the primary documents.

2014 Suite

The JBCC® PBA is suitable for all building contracts and may be used with a Bill of Quantities, or a Schedule of Rates and drawings. The PBA is synchronized with the JBCC® N/S Subcontract agreement to appoint nominated and selected subcontractors binding them to same conditions as the principal contractor The Agreement is dived into seven sections comprising 30 clauses. In addition to being a legal document the content has been structured as a checklist to administer the execution of the works and to minimise potential disagreement - to effectively use expensive man-hours of all the role players in a building project The Agreement is signed between the employer and the contractor - in conjunction with the Contract Data in which all contract variables are recorded, initially by the employer to solicit offers from contractors, and completed by the contractor and submitted as the form of tender
The JBCC® PBA Contract Data follows the sequence of clauses in the JBCC® PBA Agreement - completed by the employer (principal agent) with space to record the names of the parties and agents, a description of the works, followed by space per clause to record pertinent information eg, the law of the country, the composition of the contact document as a whole, insurance requirements (by whom, who pays the deductible), information about site, features to be protected, working hours etc; work to be carried out by nominated subcontractors or a direct contractor; intended dates for completion of the works as a whole or by section - and penalties, if applicable and criteria to be met for the certification of practical completion; payment 'conditions'. The contractor completes the remainder of the JBCC® PBA Contract Data detailing the type and value of Guarantees, a record of industry holidays during the anticipated construction period, the payment and adjustment of preliminaries, and the tender amount and the contractor's details. For state contracts a separate form of tender in the CIDB format will have to be completed
The JBCC® N/S Subcontract Agreement is modelled on the JBCC® Principal Building Agreement with all common clauses retaining the same numbering. 'Unique' clauses deal with the obligations and rights of nominated and/or selected subcontractors. To ensure a 'fair deal' each N/S subcontractor must be appointed by the contractor using an unaltered printed or electronic version JBCC® N/S Subcontract Agreement and the completed JBCC® N/S Subcontract Contract Data
The JBCC® N/S Subcontract Contract Data follows the sequence of clauses in the JBCC® N/S Subcontract Agreement - completed by the contractor as 'employer' of the subcontractor. The project information is the same as in the JBCC® PBA Contract Data. The contractor (specialist agent) must highlight the subcontract performance criteria. The subcontractor must completes the remainder of the Contract Data detailing the type and value of Guarantees, the payment and adjustment of preliminaries, and the tender amount and the subcontractor's details. For state contracts a separate form of tender in the CIDB format will have to be completed
The JBCC® MWA is suitable for use where the works are of a minor and simple nature. The employer appoints a Principal Agent to administer the contract and direct contractors appointed for specialised work and installations that will not fall within the contractor's responsibilities or liabilities related to the works. The JBCC® MWA may be used with a Bill of Quantities, or a Schedule of Rates and drawings. The Agreement is dived into seven sections comprising 22 clauses. In addition to being a legal document the content has been structured as a checklist to administer the execution of the works and to minimise potential disagreement - to effectively use expensive manhours of all the role players in a building project The Agreement is signed between the employer and the contractor - in conjunction with the JBCC® MWA Contract Data in which all contract variables are recorded, initially by the employer to solicit offers from contractors, and completed by the contractor and submitted as the form of tender
The JBCC® MWA Contract Data follows the sequence of clauses in the JBCC® MWA Agreement - completed by the employer (principal agent) with space to record the names of the parties and agents, a description of the works, followed by space per clause to record pertinent information eg, the law of the country, the composition of the contact document as a whole, insurance requirements (by employer, deductible paid by contractor), information about site, features to be protected, working hours etc; work to be carried out by a direct contractor; the intended date for completion of the works as a whole - and penalties, if applicable and criteria to be met for the certification of practical completion; payment 'conditions'. The contractor completes the remainder of the JBCC® MWA Contract Data detailing the type and value of Guarantees, a record of industry holidays during the anticipated construction period, the payment and adjustment of preliminaries, and the tender amount and the contractor's details. For state contracts a separate form of tender in the CIDB format will have to be completed
Adjudication is an accelerated form of dispute resolution in which the adjudicator determines a dispute as an expert and not as an arbitrator. Adjudication is now the default dispute resolution process for the Principal Building and N/S Subcontract Agreements and these Rules are to be read in conjunction with the dispute clause of the Agreements. The State does not make use of this form of dispute resolution
No longer available, part of the contract data
This certificate records the handover of the site to the Contractor which is an act that is contractually significant and should be formally recorded
This form can be used for both the JBCC® Principal Building Agreement and the JBCC® Minor Works Agreement where a JBCC® Guarantee for Payment has been provided to the Contractor by the Employer. The waiving of the lien by the contractor is of contractual significance
The Guarantee for Construction form makes provision for a variable or fixed guarantee as selected by the Contractor. Some form of collateral will be required by the provider of the guarantee. The guarantor's maximum liability is stated. This is restricted to the payment of money on demand
The Guarantee for Construction form makes provision for a variable or fixed guarantee as selected by the subcontractor. Some form of collateral will be required by the provider of the guarantee. The guarantor's maximum liability is stated. This is restricted to the payment of money on demand
The form makes provision for a maximum aggregate amount being the Guaranteed Sum which is intended to cover the potential risk of default by the Employer. Some form of collateral will be required by the provider of the guarantee. The guarantee is restricted to the payment of money on demand
The form makes provision for a maximum aggregate amount being the Guaranteed Sum which is limited to ten per cent of the Subcontract Sum in terms of the N/S Subcontract Agreement Some form of collateral will be required by the provider of the guarantee. The guarantee is restricted to the payment of money on demand
The form makes provision for an advance payment to be made to the Contractor or N/S Subcontractor to cover the early purchase of materials and/or plant that would not qualify for payment certification. Some form of collateral will be required by the provider of the guarantee. A "transfer of ownership” form is considered to be an inadequate substitute
The Guarantee for Construction form makes provision for a variable guarantee only. Some form of collateral will be required by the provider of the guarantee. The guarantor's maximum liability is stated. This is restricted to the payment of money on demand
The form makes provision for a maximum aggregate amount being the Guaranteed Sum which is intended to cover the potential risk of default by the Employer. Some form of collateral will be required by the provider of the guarantee. The guarantee is restricted to the payment of money on demand
The Payment Certificate form sets out all financial transactions between the parties - including the valuation of the work carried out to date, materials on and off site, expense or loss incurred by the employer or contractor, tax on such amounts and interest
The Principal Agent must concurrently with the issue of a payment certificate to the contractor issue a Subcontractor's Payment Notification to each subcontractor showing the amount included in the contactor's Payment certificate due to the subcontractor. It is not a certification of the monies due between the Contractor and the N/S Subcontractor
The Recovery Statement, which must be issued concurrently with the Payment Certificate by the Principal Agent, provides a record of items of expense or loss that are not part of the contract value. These items include penalties and interest
The Recovery Statement, which must be issued concurrently with the Subcontractor's Payment Advice by the Contractor, provides a record of items of expense or loss that are not part of the contract value. These items include penalties and interest
The Payment Certificate form sets out all financial transactions between the contractor and the subcontractor - including the valuation of the work carried out to date, materials on and off site, expense or loss incurred by the contractor or the subcontractor, tax on such amounts and interest The Contractor issues the Statement
The Payment Certificate form sets out all financial transactions between the parties - including the valuation of the work carried out to date, materials on and off site, expense or loss incurred by the employer or contractor, tax on such amounts and interest
The Certificate, issued by the Principal Agent, covers Practical Completion of the Works as a whole as well as Sectional completions where applicable
The Contractor issues the Certificate to N/S Subcontractors, covers Interim Completion of the Works as a whole as well as Sectional completions where applicable (corresponds in most respects with the practical completion certificate issued by the Principal Agent)
The Certificate, issued by the Principal Agent, covers Final Completion of the Works as a whole as well as Sectional completions where applicable
The Certificate, issued by the Principal Agent, covers Final Completion of the Works as a whole

2007 Suite

The document is the cornerstone of the JBCC Series 2000. The Agreement is made up of nine sections starting with the definitions of all the primary elements and phrases. The next sections are ordered as closely as possible to the project execution sequence. The Agreement is designed to be used with or without bills of quantities and requires the associated Contract Data forms to be completed.
The addendum requires the Contractor to provide the appropriate information to the Employer to complete the tender process
The addendum requires the Employer to provide the appropriate information to the Contractor for the Contractor to complete the tender
See Principal Building Agreement. The document covers both nominated and selected subcontractors and is modelled on the Principal Building Agreement with all common clauses retaining the same numbering
The addendum requires the N/S Subcontractor to provide the appropriate information to the Employer to complete the tender process
The addendum requires the Employer to provide the appropriate information to the N/S Subcontractor for the N/S Subcontractor complete the tender
The Agreement is designed for use where the works are of a minor and simple nature. The employer appoints a Principal Agent to administer the contract and direct contractors appointed for specialised work and installations that will not fall within the contractor's responsibilities or liabilities related to the works. The Minor Works Agreement is suitable for use where the contractor is a small to medium enterprise and is not intended for use where the works are complex or where nominated or selected subcontractors are to be appointed
The addendum requires the Contractor to provide the appropriate information to the Employer to complete the tender process
The addendum requires the Employer to provide the appropriate information to the Contractor for the Contractor to complete the tender
Adjudication is an accelerated form of dispute resolution in which the adjudicator determines a dispute as an expert and not as an arbitrator. Adjudication is now the default dispute resolution process for the Principal Building and N/S Subcontract Agreements and these Rules are to be read in conjunction with the dispute clause of the Agreements. The State does not make use of this form of dispute resolution
This document is for use with the Principal Building Agreement, Nominated/Selected Subcontract Agreement and the Minor Works Agreement. The form sets out the primary Conditions for Tendering, the Tender Sum and the tenderer's choice of Preliminaries and Security options
This certificate records the handover of the site to the Contractor which is an act that is contractually significant and should be formally recorded
This form can be used for both the Principal Building and Minor Works Agreements and requires the provision of a Payment Guarantee from the Employer. The waiving of the lien by the contractor is of contractual significance
The form makes provision for a construction guarantee in a variable or fixed form as selected by the Contractor. Some form of collateral will be required by the provider of the guarantee. The guarantor's maximum liability is stated. This is restricted to the payment of money on demand
See Construction Guarantee (PBA) Code 2122
The form makes provision for a maximum aggregate amount being the Guaranteed Sum which is intended to cover the potential risk of default by the Employer. Some form of collateral will be required by the provider of the guarantee. The guarantee is restricted to the payment of money on demand
The form makes provision for a maximum aggregate amount being the Guaranteed Sum which is limited to ten per cent of the Subcontract Sum in terms of the N/S Subcontract Agreement
The form makes provision for an advance payment to be made to be made to the Contractor or N/S Subcontractor to cover the early purchase of materials or equipment that would not qualify for payment certification. Some form of collateral will be required by the provider of the guarantee. A "transfer of ownership” is considered to be an inadequate substitute
See Construction Guarantee (PBA) Code 2122
See Construction Guarantee (PBA) Code 2124
The Payment Certificate is a standard form that provides for the setting out of all the financial elements due between the parties. These include the valuation of the work carried out to date, materials on and off site, expense or loss incurred by the employer or contractor, tax on such amounts and interest
This notification is required to be issued by the Contractor to all N/S Subcontractors indicating the payment amount related to their contract that is included in the payment certificate issued to the contractor. It is not a certification of the monies due between the Contractor and the N/S Subcontractor
The Recovery Statement, which is issue simultaneously with the payment certificate, accounts for items of expense or loss that are not part of the contract value. These items include penalties and interest
See Recovery Statement (PBA) Code 2144. The Contractor issues the Statement
See Payment Certificate (PBA) Code 2142. The Contractor issues the Statement
See Payment Certificate (PBA) Code 2142
The Contractor issues the Certificate to N/S Subcontractors which corresponds in most respects with the practical completion certificate issued by the Principal Agent
The Certificate, issued by the Principal Agent, covers Practical, Works and Final Completion as well as Sectional completions where applicable
The Certificate, issued by the Agent, covers Practical and Final Completion