Articles

Delay claims

Never before have delay claims assumed such importance in the construction industry. Delay analysis is a field of speciality that requires expertise. The purpose of this article is not to delve in depth in this area of low but rather to highlight the need to process delay claims in accordance with the agreement that regulatesContinue reading “Delay claims”

Cheaper access to litigation

We are all living in uncertain and unprecedented times due to the Covid pandemic, which not only has impacted our personal lives but also how we work and run our businesses. This is especially true the construction industry. During these troubled times it is absolutely essential that contractors ensure that they comply with their contractualContinue reading “Cheaper access to litigation”

COVID-19 Has changed the way construction and labour law litigation is conducted through digital communication.

Litigation and consultation in the New World Order; my experiences. Quite a grand title but there is no doubt that the Covid 19 pandemic has changed the way construction and labour law litigation is conducted through digital communication rather than face–to-face. I mention these two areas of law because my experience of the effect ofContinue reading “COVID-19 Has changed the way construction and labour law litigation is conducted through digital communication.”

“Food for thought”

During the covid 19 pandemic, FIDIC has been running a series of webinars and one of the recurring themes is the impact of the pandemic on the construction industry, the challenges it will present after the lockdown and what the new NORMAL will look like for the industry. On 20 May 2020 FIDIC ran aContinue reading ““Food for thought””

CORONAVIRUS AND FORCE MAJEURE

Covid-19 has been declared by the World Health Organisation (“WHO”) as a pandemic.  Does the pandemic constitute a force majeure as contemplated in the construction industry? Let’s assume that the pandemic falls within the definition of force majeure, what are your obligations and rights as a contractor and subcontractor? The JBCC Principal Building Agreement and the Nominated/Selected SubcontractContinue reading “CORONAVIRUS AND FORCE MAJEURE”

COVID 19: WHAT ARE YOUR OBLIGATIONS AS A CONTRACTOR IN CHARGE OF A CONSTRUCTION SITE?

In terms of OCCUPATIONAL HEALTH AND SAFETY ACT (“OHSA”) an employer is required to ensure that the workplace is safe for the employees. The standard is set out in section 8 which provides that every employer shall provide and maintain, as far as is reasonably practicable, working environment that is safe and without risk toContinue reading “COVID 19: WHAT ARE YOUR OBLIGATIONS AS A CONTRACTOR IN CHARGE OF A CONSTRUCTION SITE?”

Provisional sums and Prime costs

What is meant by provisional sums and prime cost in a building contract? It’s important to understand the difference between the two. Provisional sums In May LJ in Midland Expressway Ltd v Carillion Construction Ltd (2006) 107 Con. L.R. 235 it was held  “The term ‘provisional sum’ is generally well understood in the construction industry.Continue reading “Provisional sums and Prime costs”

In Ekurhuleni West College v Segal and Trencon Construction (Pty) Limited

Court was asked to review and set aside the first respondent’s decision acting as an adjudicator, in terms of a construction contract.  The Court first had to decide whether an adjudicator’s decision is reviewable in terms of the contract.  Generally adjudication is an accelerated form of dispute resolution in which a neutral third party determinesContinue reading “In Ekurhuleni West College v Segal and Trencon Construction (Pty) Limited”

Enforcement of adjudicators

NEC 3; ‘Enforcement of adjudicators’ decision irrespective whether they are wrong in law or fact. What happens if you, as a contractor were successful in an NEC adjudication, but the employer party fails to comply with the decision and gives notice of dissatisfaction and wishes to take the dispute to arbitration? Core Clause 90.2 ofContinue reading “Enforcement of adjudicators”