In the Supreme Court of Appeal in the matter of AFFIRMATIVE PORTFOLIOS CC v TRANSNET LTD t/a METRORAIL 2009 (1) SA 196 (SCA) the Court determined that: The appellant was precluded from relying on an alleged oral agreement by virtue…
Why did the contractor break up with the construction contract? Because it repudiated their relationship and refused to build a solid foundation! In the fast-paced world of construction, time, money, and trust are the foundations of every project. But what…
A Contractor may conduct extensive sub-surface investigations and acquire all attainable significant information regarding the Site and the Works prior to the submission of its tender offer, which should have reduced the risk of encountering adverse physical conditions and artificial…
The requirements of a competent claim in the ambit of the JBCC Principal Building Agreement (6.2 Edition, MAY 2018) are as follows: 1. The Contractor’s claim must comply with the provisions of Clause 23.6.1, 23.6.2 and 23.6.3 of the JBCC…
GOVERNMENT GAZETTE No. 52007, dated 29 January 2025 now provides that the Housing Consumer Protection Act No.25 of 2024 also applies to any addition to, alteration, renovation or repair of a home, in so far as such addition, alteration, renovation…
The question often arises why do parties not contract under the common law and why is it necessary to enter into a detailed and voluminous written construction contract? In terms of the legal framework in South Africa one is allowed…
Disputes arising on modern day construction projects typically involve extraordinarily complex factual scenarios, technical issues and legal issues. Were the ancients concerned with how to resolve problems involving construction? The principles of law pertaining to the built environment can be…
The recent Judgment delivered on 8 June 2021 by the Honourable AJ Mossop in the application brought by the MEC for the Department of Transport, Kwazulu-Natal against Raubex (KZN) and the learned Adjudicator, considered the implication of the “time limitation"…
Is the penalty rate stated in the Contract Data of a contract in terms of the GCC 2015 subject to VAT? Penalties may be imposed should a Contractor fail to complete the Works to the extent which entitles him to…
The process of Mediation always remains available as an alternative mechanism to resolve contractual disputes but, due to the seemingly high failure rate of this process, it became the proverbial lemon among the oranges. Our standard forms of construction contracts…