Print Page   |   Contact Us   |   Sign In   |   Register
News & Press: 2019 News Items

Major differences between JBCC Edition 4,1 and 6,2

Tuesday, 23 July 2019  
Posted by: Bert vd Heever
Share |

JBCC published the Fourth Edition in March 2004. The primary purpose of this revised edition (that followed so soon after the publication of the Third Edition) was to satisfy the requirements of the office of the State Attorney with regards to clause 13, which were regarded to be inadequate in the Third Edition.  The content of this clause was substantially expanded to further accommodate aspects where the State differs in its approach from the Private sector. To distinguish this edition from its predecessors it featured on the front cover the wording ‘including State provisions’ to make it clear that it had been accepted by the National DPW. Another significant change in the Fourth Edition was the introduction of ‘adjudication’ as an alternative dispute resolution (ADR) process to bring it in line with other modern agreements.  This had the result that clause 40 Dispute Settlement had to be completely redrafted.

A further edition (edition 4.1) was published in March 2005 that was specifically structured for usage by both the Private and State sectors, which included the following major amendments:

  • Clause 13 (State Provisions) was once again expanded and was shifted to the back of the document (Clause 41)
  •  Clause 40 (Dispute Settlement) was once again redrafted to allow for adjudication to be the default dispute resolution process in private contracts

JBCC published the Fifth Edition in August 2007 featuring some major modifications to previous editions; with the removal of the substitution provisions applicable to State in the various documents certainly representing the most significant of these modifications.

Other modifications included:

  •  The discontinuation of the Preliminaries as a separate JBCC document
  •  Change in style of cross referencing
  • The complete redrafting of the insurance clauses
  •  The introduction of the contractor’s right to suspension of the works
  •  The shifting of the Schedule of Variables to separate Contract Data documents, i.e. Employer to Contractor (EC) and Contractor to Employer (CE) respectively
  • A reduction in the percentages applicable to the security provisions to bring it in line with those of the State
  •  Adjudication would no longer be the default dispute resolution procedure - the parties were to decide at the time of the dispute arising on the appropriate dispute resolution process. 

It is further important to note that because of the discontinuation of the JBCC Preliminaries the Association of South African Quantity Surveyors (ASAQS) prepared and published the ASAQS Preliminaries in November 2007 to cater for those clauses that were not accommodated into the JBCC documents and which needed a new home.

JBCC published the Sixth Edition in September 2013 but it was held back and only released in March 2014 as the 6.1 Edition. The changes were extensive and included major redrafting to shorten and tidy up the suite. Main modifications included:

  • Removal, adding or rewording of a substantial number of the definitions
  •  Rewording, incorporation and repositioning of clauses (30 vs 41)
  •  Order of precedence between contract documents included in sub-clause 5.6
  •  Revised percentage adjustments in the case of security as a fixed construction guarantee
  •  Reduction of default periods in a few instances
  •  Removal of Works Completion as a completion stage
  •  Complete redrafting of the EC and CE data documents into one CD document
  •  Amendments in the Agreement must only be listed in the CD document or in a single referenced Annexure
  •  Publication of the General Preliminaries once again the responsibility of the JBCC and no longer that of the ASAQS.

The 6.1 Edition however contained several errors and the JBCC embarked on a process to rectify those and after considerable effort that took more than two years the 6.2 Edition finally saw the light in May 2018. The ASAQS published a document that indicates the major differences between the 6.1 and 6.2 Editions (see Addendum “A”).

The differences are tabulated and can be downloaded by clicking here.