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…
We have all been involved in projects where either the Employer or the Contractor utters those dreaded words of “… we need to make a change to the specifications …”or my personal favourite “… you need to assist us with additional work, don’t worry about the paper work, we will sort it out later…”. Quite…
In the past few months, far too many subcontractors have approached us at Adine Abro Attorneys, downtrodden and dejected – saying – our claims are time barred!!Sad but true… And so we must ask ourselves – what exactly is a time bar and how does it operate? Simply put, it is a clause in a…
I believe we can all agree that when things are going well early on in a project, no one really cares about delays, but what about when things start going wrong? It has become apparent to me in the last few weeks that many Subcontractors are not aware of contractual recourse available to them when…
DEAR MR SUBCONTRACTOR Are you not getting paid for work done under the 2018 edition of the JBCC N/S Subcontract Agreement ? Fear not as your Contractual Documents may just be the strongest tool in your toolbox to enforce payment. More and more subcontractors are complaining about not being paid by the contractor as the…
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…