Find the right contract structure
Answer a few questions about your project. We'll recommend the right approach and give you a fixed drafting fee. Takes 90 seconds.
What's being built?
The type of work determines the contract structure.
Building worksOffices, retail, residential, schools, hospitals — defined by drawings and specification
Civil engineering / infrastructureRoads, water, bridges, earthworks — scope may shift with ground conditions
Industrial / energy / process plantSolar PV, HVAC, factories, treatment plants — complex systems, multiple trades
Emergency / urgent worksRepairs, disaster recovery, time-critical — speed matters more than price certainty
How well defined is the scope of work?
This determines who carries the risk of the unknown.
Fully definedDrawings complete, specification issued, quantities measured — no unknowns
Mostly defined but some unknownsDesign substantially complete but ground conditions or existing services are uncertain
Uncertain / will develop during constructionDesign not complete, scope will evolve, or the project is complex with many interdependencies
What's the approximate contract value?
Budget informs the level of administration and risk management needed.
Under R5 millionSmaller works — lighter contract administration is appropriate
R5M – R50 millionStandard infrastructure projects — full contract discipline required
Over R50 millionMajor projects — maximum protection, full Z-clause library, arbitration strongly recommended
Who should carry the cost risk?
Different structures allocate risk differently between the parties.
Contractor takes the riskFixed-price — you want certainty on what you'll pay regardless of what it costs them
Shared riskOpen-book with a target price — overruns and savings are shared between both parties
We carry the riskPay actual costs — the scope is too uncertain or the timeline too urgent for a fixed price
How will the work be delivered?
Single contractor or multiple? This changes the contract architecture.
Single contractor / direct appointmentOne contractor does the work. Standard contract structure.
Multiple contractors / programmeSeveral contractors working simultaneously — needs management coordination
Main contractor with subcontractorsOne main contractor managing their own supply chain
How will the work be measured for payment?
This determines the payment mechanism.
By completed activities / milestonesPayment when specific work packages are finished. Good for building works with clear stages.
By measured quantities on sitePayment based on actual quantities installed. Better for civils where quantities vary.
⚖️ Recommended: Full Dispute Resolution Clause
+R2,500
Turnaround: immediate. Your contract drafts instantly after payment.
Proceed to Brief →
← Back
Next →
Also available
If your project involves a consultant, design team, or professional services appointment — or if you're a subcontractor — we draft those contracts too. Use the full brief form →