In twenty years of construction law practice, one pattern has repeated itself more reliably than any other: by the time a contractor calls me, the contract has already done most of its damage. The variation was instructed months ago. The notice was not given. The programme was never updated. The dispute, which is now heading toward adjudication…
Why construction’s biggest commercial failures often happen long before a claim is written, and what both contractors and employers can do about it in one of the world’s most challenging project environments. There is a widely held belief in the construction industry that a claim is what you reach for when everything else has failed. It is the last instrument in the box: uncomfortable,…
Before a single pile is driven or a foundation poured, the most consequential decisions on any construction project have already been made. They were made in a boardroom, across a negotiating table, or, perhaps most dangerously, in the absence of one. The contract was signed. The risk was allocated. And somewhere in the careful, considered language of that document, the seeds…
Construction adjudication in South Africa has become one of the most commonly invoked dispute resolution mechanisms in the industry. Positioned as a fast, cost-effective alternative to construction arbitration or litigation, it promises swift decisions that keep projects moving and cash flowing. In theory, it is the perfect remedy for an industry notorious for complex disputes, long project…
By Adine Abro | Attorney, Construction & Public Procurement Law | April 2026 In the competitive arena of public procurement, particularly in the construction sector, where margins are tight and contract values run into the hundreds of millions, the ability to participate in a tender process is not merely a business opportunity. It is a strategic asset. Every bidder who enters a procurement process does so with…
How the Middle East crisis is exposing the limits of force majeure clauses April 2026 A rose by another name: is it coverage at all? There is a quiet confidence among those who deal with commercial and construction contracts: they believe that a force majeure clause is a reliable backstop against the unthinkable. The clause is there. It mentions war. It mentions catastrophe. That should be enough. The conflict now…