THE CURIOUS CASE OF THE ADJUDICATOR’S DECISION – HOW BINDING IS AN ADJUDICATOR’S DECISION ON THE CONTRACTUAL PARTIES?
Murray & Roberts Limited (M&R) contracted with Sasol South Africa (Pty) Ltd (Sasol) to provide structural, mechanical, electrical instrumentation and piping work at its Secunda plant in terms of the NEC3 Engineering and Construction Contract June 2005 (as amended) (the Contract). The Contract further provided for (i) the appointment of a Project Manager (the PM)…
5 Reasons Why Contractors Don’t Get Paid And What To Do About It
Construction payment is akin to a house of cards – disturb one card and the entire operation suffers. When contractors or subcontractors do not get paid on time and in full, they don’t suffer alone—everyone involved in the project feels the sting. What are the most common reasons contractors don’t get paid and how can…
FIDIC – New Building Blocks Seminar II
JOIN US FOR OUR INTERACTIVE SESSION AND A PANEL DISCUSSION SESSION WITH ADV ERIC DUNN SC AND ADV PHILLIPS DANIELS SC 17 May 2018, 8am – 11:30am LILIESLEAF, Heritage Site, 7 George Avenue, Rivonia/Sandton 18 years on and the boiling debate is whether the Second Edition of the Rainbow Suite of the FIDIC contracts meets…
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We are pleased to announce that we have compiled our new E-Brochure which provides an overview of our services. Download Brochure
Claims Process – Clause 20 – FIDIC 2017
The claims procedure, consisting of a Notice of Claim, a fully detailed Claim and the Engineer’s Determination has not changed from the 1999 edition. What has changed in the 2017 edition is the details of the procedure. In addition, Clause 20 places the parties’ claims on an equal footing by requiring that the employer’s claims…
Get with the Programme – under FIDIC 2017
Consistent with the current trend in international construction contracts, we now find increased programming obligations within the Second Edition of the FIDIC Red, Yellow and Silver books. FIDIC’s position remains unchanged in so far as the programme is not a contract document and is therefore not considered binding on the parties. The programme remains to…
Prevention is better than Cure – Dispute Avoidance under FIDIC 2017
FIDIC has explained that the underlying philosophy and core purpose behind the updates to the Second Editions of the Rainbow Suite (Red, Yellow and Silver Books) is to achieve increased clarity, transparency, and certainty which should lead to fewer disputes, lower administrative costs and more successful projects. Subsequently, an important theme of the Second Edition…
Justice and Equity for Gijima Holdings (Pty) Ltd, shouts the recent judgment handed down by The Constitutional Court of South Africa
I have been privileged to advise Gijima Holdings (Pty) Ltd (Gijima) (as external legal advisor) during their protracted court battles against the State Information Technology Agency (SITA), during which time Gijima has fought tirelessly to enforce their rights in terms of an agreement entered into between Gijima and SITA, in which Gijima rendered information technology (IT)…