Written by Sanjee Maharaj,
Sanjee Maharaj Inc.
On 13 August 2026, I had the privilege of presenting the JBCC Online Course, presented by ECA (SA) Free State and Northern Cape to the electrical contracting industry.
As an attorney passionate about the built environment, preparing a JBCC course specifically for electrical contractors challenged me to look beyond the contract and consider the practical realities of the work carried out on site.
The course gave me an even greater appreciation for the responsibility carried by electrical contractors.
What I particularly appreciated was the level of engagement throughout the course. The questions raised and the practical experiences shared by participants created valuable discussions and brought the contractual provisions into a real-world context.
The discussions also reinforced that a construction contract cannot be considered in isolation from what happens on site and highlighted several practical issues worth sharing more broadly.
Start with the definitions
One of the first things we discussed was the importance of definitions. The JBCC is a contract in which defined words and phrases have particular meanings. In fact, clause 1.1 expressly provides that words and phrases appearing in bold type have the meanings assigned to them in the definitions.
My practical advice was simple: before trying to understand a clause, understand the defined terms being used in it.
The same applies to the Contract Data. It is not something that should simply be completed as an administrative exercise. The JBCC itself defines the Contract Data as the document containing project specific information.
Before signing a construction contract, sit down at a table with the document and a pen. Read it. Mark it. Ask questions about provisions you do not understand. Only once you understand what you are agreeing to should you initial the pages and sign the agreement.
Two provisions I particularly encourage contractors to identify immediately are the date for practical completion and the penalty provisions. Under the JBCC, the penalty is the stipulated amount per calendar day payable where the applicable date for practical completion has not been met.
Those provisions can have a very real financial consequence for a contractor.
The JBCC does not operate alone
A construction contract does not displace the law and regulatory requirements applicable to the work.
This is particularly important for electrical contractors. The relevant electrical legislation, regulations, approvals, permits and other statutory requirements must be considered alongside the contractual obligations.
Clause 2.1 itself requires the contractor to comply with applicable law and obtain the permits, licences and approvals for which it is responsible.
So understanding the JBCC is only one part of understanding the legal framework within which the electrical works are being performed.
Be careful with notices and contract instructions
An important practical issue is understanding how notices and contract instructions are given and received. On site, WhatsApp is often used because it is quick and convenient, but contractors should be careful not to rely on informal communication where the JBCC requires formal notice or a contract instruction.
The JBCC expressly provides that notices may not be given by social media. Contractors should therefore ensure that important notices are issued, received and recorded through the contractual communication channels and that contract instructions are properly issued by the principal agent or under their authority.
Understand the role and the limits of the principal agent
The principal agent plays a central role in the administration of the JBCC. The agreement records that the principal agent has authority and an obligation to act in terms of the agreement, but importantly, does not have authority to amend the agreement.
This was an important practical discussion during the course.
Clause 17 regulates contract instructions. Contractors should understand what the principal agent may instruct under the agreement rather than simply assuming that anything described as an “instruction” must automatically be implemented as though it were contemplated by the contract.
A good example is acceleration. If a contractor is required to accelerate the works in circumstances not provided for by the contractual instruction mechanism, the parties may need to consider an appropriate amendment or agreement dealing with that acceleration, including its time and cost consequences.
The important lesson is that the contractor is not the only participant who must follow the contract. The contract also regulates how it is to be administered.
Design responsibility must be clear
Design responsibility deserves particular attention where specialist electrical contractors are involved.
Under the Principal Building Agreement, the contractor is generally not responsible for the design of the works other than its and its subcontractors’ temporary works. The agreement separately recognises that a subcontractor may undertake design responsibility.
If an electrical subcontractor is expected to perform design, that responsibility should therefore be clearly identified in the contractual arrangements.
That has consequences beyond merely defining the scope of work. A subcontractor undertaking professional design responsibilities should also consider the appropriate professional indemnity insurance applicable to that design risk.
Understand your security – because it affects cash flow
Guarantees can sometimes appear to be paperwork required at the beginning of a project, but their financial consequences can be substantial.
Clause 11 provides different security arrangements. Importantly, where the contractor fails to provide the specified guarantee for construction, the agreement permits the employer, in certain circumstances, to withhold amounts from interim payment certificates until the stipulated level has been reached.
For a contractor operating on tight margins, that can have an immediate effect on cash flow.
The question of security should therefore be considered before the contract is signed, not once the project is underway and the contractor discovers that it cannot obtain the guarantee contemplated by the agreement.
Practical completion is not the end of every obligation
We also discussed the different stages of completion.
Practical completion and final completion are not interchangeable. Under the definitions, practical completion is reached when the works can be used for its intended purpose and are free of patent defects other than minor defects identified for completion. Final completion is the later stage at which the works are completed and free of defects.
Then there are latent defects – defects that a reasonable inspection by the principal agent or agents would not have revealed.
For electrical work, an example could be a concealed defect in wiring, connections or an installation which is not reasonably apparent during inspection but manifests later through repeated tripping, overheating or failure of the installation.
That distinction matters because reaching practical or even final completion does not necessarily mean that every potential contractual responsibility simply disappears.
Conclusion
I would like to thank ECA (SA) Free State and Northern Cape for choosing the Gauteng Institute for Architecture (GIfA) to facilitate the course, and I personally thank GIfA for entrusting me with the role of course leader, an opportunity I greatly appreciate.
Most importantly, I hope that the practical knowledge shared during the course assists those who attended in better managing their contractual risks and ultimately, in preventing and limiting disputes before they arise.
