In particular, it should provide that the contractor has the right to inform the employer in writing if the non-performance of work results in a delay and should indicate who is responsible for such a loss due to such a delay. Practices are different as to how payment is to be made for the contract. What is essential is that the payment plan agreed between the parties is clearly defined in the schedule of the agreement. Default interest and a holdback must be reserved to cover defects that occur once completed. Condition 1 of the agreement provides that the employer shall hand over ownership of the land to the contractor. It is essential that an employer does not enter into an agreement unless they already own the property. The Committee was aware that some practitioners had attempted to exclude the General Conditions of Sale of the Law Society, which were exclusively retained on a construction contract containing certain special conditions for the title. Practitioners are reminded that the format of the certificate of title clearly states that “the purchase was made on the basis of the conditions of sale and / or construction of the current Law Society”. The Panel finds that the exclusion of such conditions would prevent the buyer`s lawyer from issuing a deed of ownership as a whole.
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