7/28/2019 Brick Work Contract

1/3

1

Agreement between

Claudio Vunda

Address: 132 Botanic Gardens Road, Berea Durban 4001

Herein referred to as *The House Owner*

And

Vundex & Sons Construction Company

Registration number: 2833879

Address: 34 Sea Fourth Avenue, Westville, Durban 4001

Herein referred as The Contractor

It is agreed as follows:

Description of work

1. The contractor will provide all labour, materials and equipment to complete thefollowing specifically described work at 132 Botanic Gardens Road, Berea Durban.

Labour: The work is to be done by workers with minimum qualification of National

Diploma in Civil Engineering and minimum of 3 years of experience in this field.

Materials: All materials necessary to accomplish the job must be provided by the

Contractor, these materials must meet the standards requirement.

Contract price

2. The House Owner will pay The Contractor the fixed sum of Forty Thousand Rends,R40000.00, for the work performed under this agreement, subject to such other sums

that may become payable as a result of any variations determined in accordance with

this agreement.

Terms of payment

3. It is agreed that a progress payment will be followed, where: Ten percent, 20%, of the fixed sum will be paid before the work starts. Fifty percent, 40%, of the fixed sum will be paid once fifty percent, 50%, of the

work has been achieved. Forty percent, 40%, of the fixed sum will be paid once the system has been

completely installed, tested and deemed working correctly.

Variations to the agreement

4. Although variations will be kept at minimum nonetheless any variations including,but not limited to, modifications, omissions or additions that are made to this

agreement must be agreed to in writing by both parties detailing the price and

specification of such variations.

7/28/2019 Brick Work Contract

2/3

2

The parties must make a good faith to attempt to agree on all necessary particulars.

Such agreements are to be evidenced in writing, signed by the parties and added to

this contract. Failure to reach agreement will be deemed a dispute to be resolved as

agreed in paragraph 10.

Time for completion

5. The work to be performed under this agreement will commence on the 1st of January2013.

The work will be completed by the 23rd of May 2013.

The Contractor will be responsible for the timely completion of the work consistent

With the time limits set out subject to any variations made as set out in this

agreement, where the date for the completion may be varied accordingly.

If The Contractor fails to complete the task within the time stipulated due to slow

progress and provided no variations to the contract have been made, the followingpenalty will apply:

Maximum of four, 4, extra working days will be given to fulfil the job. If the work is still incomplete after the given allowance, seven percent, 7%, of

the fixed sum will be deducted every day.

Quality

6. To ensure that the work complies with South Africa Building Regulations Standards,The House owner will provide a team to inspect all the work done.

If the work is not up to standards, the terms in paragraph 11, Termination of contract,

will apply.

Contractor obligations

7. The Contractor will carry out the works with reasonable skill, care and diligencepursuant to all applicable standards and Building practice and in compliance to all

relevant Building regulations and statutory requirements.

The House Owners obligations

8. The House Owner must pay such sums of money that becomes due to the companyfor the work performed. The House Owner will be responsible to cooperate in goodfaith with The Contractor and must not interfere with The Contractors progress of

work. It is understood that timely communication and cooperation are necessary for

completion of the work.

Approvals

9. Unless otherwise agreed in writing, it is The House Owner sole responsibility toobtain all necessary approvals and permits prior to commencement of the works to be

done.

7/28/2019 Brick Work Contract

3/3

3

Dispute resolution

10.If any dispute arises under the terms of this agreement both parties agree to select amutually agreeable impartial third party to help them mediate it. If the mediation is

unsuccessful, the parties agree that:

As last resort, matters will be taken to court. The party which loses this dispute will pay for all expenses involved in the

court.

Termination

11.If The Contractor fails to perform the work in accordance with the terms of thisagreement, The House Owner will have the right to terminate the agreement if The

Contractor does not remedy the default within 2 working days.

If The House Owner fails to pay such sums of money that become due,

The Contractor will have the right to terminate the agreement ifThe House Owner does not remedy the default within 2 working days.

Completion

12.The work specified is considered completed upon approval by The House Ownerbased on the report from the inspection team, provided that The House Owners

approval is not unreasonably withheld.

All agreements between The House Owner and The Contractor related to the specified

work are included in this contract.

I agree to the acceptance of the contract and agree to keep to its terms.

The House Owner The Contractor

Name : Claudio Vunda Name: Zenu Diogo

Signature: Claudio Vunda Signature:Zenu DiogoPosition: CEO Position: Civil Engineer

Date : 20/12/2012 Date: 20/12/2012

Place : Durban Place: Durban