(a) "Appendix" means the document so designated in, and forming part of, the Tender.

(b) "Certificate of Completion" means the certificate issued by the Engineer in terms of Clause 54(4)
     as read with Clause 54(6) if relevant.

(c) "Commencement Date" means the date of delivery to the Contractor of a written notice from the
     Employer or the Engineer requiring him, in terms of Clause 12, to commence the execution of the Works.

(d) "Constructional Plant" means all appliances or things of whatsoever nature required in or
     about the execution, completion or defects correction of the Works but does not include materials or
     other things intended to form or forming part of the Permanent Works.

(e) "Contract" means these General Conditions of Contract and Special Conditions, Specifications, Drawings,
     Tender, written records of matters agreed after the submission of the Contractors tender,
     Letter of Acceptance and Agreement executed in terms of Clause 5, together with other documents
     which the parties have agreed in writing shall form part of the Contract and such amendments or
     additions to the Contract as may be agreed in writing between the parties.

(f) "Contractor" means the natural or juristic person or partnership whose tender has been accepted by or
     on behalf of the Employer and, where applicable, includes the Contractors heirs, executors,
     administrators, trustees, judicial managers or liquidators, as the case may be, but not, except with
     the written consent of the Employer, any assignee of the Contractor.

(g) "Contract Price" means the Tender Sum subject to such addition thereto or deduction therefrom
     as may be made from time to time under the provisions of the Contract.

(h) "Cost", in relation to any provision of the Contract for payment to the Contractor for any delay,
     work, service or supply, means, unless the provision otherwise specifies, compensation to the
     Contractor for such delay, work, service or supply concerned calculated, mutatis mutandis,
     in terms of Clause 40.

(i) "Defects Liability Period" means the period specified in terms of Clause 56(l).

(j) "Drawings" means all drawings, calculations and technical information forming part of the
     Tender Documents (other than information contained in the Specifications) and any modifications
     thereof or additions thereto from time to time approved in writing by the Engineer or
     delivered to the Contractor by the Engineer.

(k) "Due Completion Date" means the date of expiry of the time stated in the Appendix for completing the
     execution of the Works, calculated from the Commencement Date and as adjusted by such extensions
     of time as may be allowed in terms of Clause.

(l) "Employer" means the natural or juristic person or partnership for whom the Works are to be executed
     and who is named as the Employer in the Special Conditions of Contract and, where applicable,
     includes the Employers heirs, executors, administrators, trustees, judicial managers or liquidators,
     as the case may be, but not, except with the written consent of the Contractor,
     any assignee of the Employer.

(m) "Engineer" means the natural or juristic person or partnership named as the Engineer in the Special
     Conditions of Contract or any other engineer appointed from time to time by the Employer and
     notified in writing to the Contractor to act as Engineer for the purposes of the Contract in place
     of the Engineer so named.

(n) "Engineers Representative" means the person appointed from time to time by the Engineer
     in terms of Clause 2.

(o) "Letter of Acceptance" means the written communication by the Employer to the Contractor
     recording the acceptance by the Employer of the Contractors Tender.

(p) "Permanent Works" means the permanent works to be constructed in accordance with the Contract.

(q) "Schedule of Quantities" means the document so designated in, and forming part of, the Tender.

(r) "Schedule of Rates and Prices" means the document so designated in, and forming part of, the Tender.

(s) "Site" means the lands and other places, made available by the Employer for the purposes of
     the Contract, on under over in or through which the Works are to be executed or carried out.

(t) "Special Conditions" means any addition to, departure from or amendment of these General Conditions
     as set out in the Special Conditions of Contract forming part of the Tender Documents.

(u) "Specifications" means the document so designated in the Tender Documents and any modification
     thereof or addition thereto made or agreed to in terms of the Contract.

(v) "Temporary Works" means the temporary works required for or in connection with the construction
     of the Permanent Works in accordance with the Contract.

(w) "Tender" means the Contractors priced offer to the Employer for the execution and completion of the
     Works in terms of the Contract, with such modifications as have been agreed upon in writing between
     the Employer and the Contractor as accepted by the Employer in the Letter of Acceptance,
     including the Appendix, the priced schedules and any other documents forming part of the Tender.

(x) "Tender Documents" means all documents whether containing words, figures or drawings which are,
     before the delivery of the Contractors tender and for the purposes of his tender, issued to him by or
     on behalf of the Employer or embodied by reference in such delivered documents or specified therein
     as being available for inspection by the Contractor.

(y) "Tender Sum" means the amount of the Tender after adjustment in respect of
(i) correction of errors of extension or addition in the priced Schedule of Quantities, and

(ii) changes in the amount concerned recorded or referred to in the Letter of Acceptance or
     in the Agreement executed in terms of Clause 5.

(z) "Works" means the Permanent Works together with the Temporary Works.

(aa) "Writing" means any hand-written, type-written or printed communication
     (whether comprising words, figures or drawings) including telex, telegram, cable, facsimile or
     any like communication and "in writing" and "written" shall have corresponding meanings.

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Any written communication, including, but without limiting the generality of the word "communication",
any letter, notice, drawing, order, instruction, account, claim, determination, certification or site meeting minutes, to be delivered by the Employer or the Engineer to the Contractor, or by the Contractor to the Employer
or the Engineer, shall be deemed to have been duly delivered if 

(a) handed to the addressee or to his duly authorised agent, or

(b) delivered during normal office hours at the address of the addressee as stated in the Appendix;

Provided that the Employer, Engineer and Contractor shall be entitled by written notice
to each other to change their said addresses.

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(3) Concessions not to constitute waivers

No grant by the Employer or the Contractor (the grantor) to the other of any concession, waiver, condonation or allowance shall, in respect of any specific event or circumstance other than that in respect of which the grant was made, constitute a waiver of the rights of the grantor in terms of the Contract or
an estoppel of the grantors right to enforce the provisions of the Contract.

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(4) Governing law

The law which is to apply to the Contract and according to which the Contract is to be interpreted shall be
the law of the Republic of South Africa unless otherwise stated in the Special Conditions.

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(5) Extent of indemnification

In respect of any indemnification against liability to third parties given by either party to the other,
the indemnification shall cover all claims, demands, proceedings, damages, costs, charges and
expenses in relation thereto or arising therefrom.

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(6) Calculation of days

"Day" shall mean a calendar day and where a specific number of days is allowed in the Contract for the performance of any act or is stipulated for the extinction of any right or the duration of any event or circumstance, the days between 16 December and 5 January (both days included) and the day from which the period concerned is stated
to commence shall be excluded from the calculation of the number of days concerned.

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(7) Authority of representatives

The common or statute law shall determine whether any person acting or purporting to act on behalf of the Employer, Engineer or Contractor is duly authorised, save to the extent that any of the said parties shall,
by written notice to each of the others, designate a person or the holder of any office,
to the exclusion of another person or holder of office, to have such authority or limit in any way or
terminate the authority of any person or holder of office.

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(8) Singular and plural/masculine and feminine

Where the context requires 

(a) words importing the singular also include the plural and vice versa, and 

(b) words importing the masculine gender also include the feminine and the neuter.

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(9) Marginal notes or headings

The marginal notes or headings in these General Conditions shall not be deemed to be part thereof nor be
taken into consideration in the interpretation or construction thereof or of the Contract.

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© Copyright 1990 by the South African Institution of Civil Engineering. ® All rights reserved