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twice fee If none selected, default is twice fee Duration of Liability - 5 years from the earlier of Practical Completion of the Works Completion of Consultant’s Services Suspension or Cancellation of the Agreement. limit of indemnity (avoid this option) 2. Limit of Liability  PROCSA (2nd Edition, August 2009) Limit of Compensation / Quantum - Select one of these options in the schedule: 1. Obligations  FIDIC (4th Edition, 2006) - Duty of Care - exercise reasonable skill, care and diligence - exercise of authority  NEC3 (June 2005) - Provide services in scope - Duty of Care - exercise reasonable skill, care and diligence Obligations  PROCSA (2nd Edition, August 2009) - execute services, - Duty of Care - exercise reasonable skill, care and diligence - exercise quasi-arbitrator function if requested - only make alterations/additions if client consents - co-operate with other consultants  CIDB (2nd Edition, September 2005) - exercise of authority - provide insurance - need client’s approval to appoint sub-consultants and Key persons - co-operation with others - notice of changes Eskom, Telkom, Amplats, Transnet, DPW, Sasol  9 Core Clauses - general conditions  4 Main Option Clauses – remuneration basis  Secondary Option Clauses – pick and choose  Contract Data  Adjudicator’s contract  Penalty clause  Latest Edition: June 2005  Recommended by: eg.

 Latest Edition: 4th Edition, 2006  Recommended by: FIDIC  Agreement  Particular Conditions  General Conditions

 Contract Data  Form of Offer and Acceptance  3.11 Penalty clause  3.12.2 Insuring Clients equipmentįIDIC Client/Consultant Model Services Agreement  Latest Edition: 2nd Edition, September 2005  Used by: Public Sector Procurement  General Conditions of Contract  Personnel Schedule  Recommended by: CESA AAQS ACPM ASAQS SABTACO SAIA SAPOA  Agreement - Terms & Conditions  Annexure A - ScheduleĬIDB Standard Professional Services Contract  Latest edition: Edition 2.0, August 2009 PROCSA Client/Consultant Professional Services Agreement Particular Conditions / Z Clauses  Law of Contract – Offer & Acceptance  Copyright  Amendments - Schedules / Contract Data / Introduction Obligations Limit of Liability Indemnity Copyright & Intellectual Property Dispute Resolution Payment Conclusion CONTRACTS by COMPARISON Meggyn Visser Senior Risk Advisor