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Do not rely on oral agreements if you have a written agreement

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…

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Whatsapp Image 2025 03 18 At 12.23.16

From Groundbreaking to Deal-Breaking: Repudiation in Construction Contracts

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…

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Adverse Conditions

Adverse physical conditions in the ambit of GCC 2015

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…

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Whatsapp Image 2025 02 25 At 14.43.39

CONSTRUCTION CONTRACTS and the COMMON LAW

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…

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Whatsapp Image 2025 02 16 At 17.30.46

CONSTRUCTION DEFECTS

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…

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Whatsapp Image 2025 01 25 At 18.33.32 (1)

Time-bar – a perspective by the Court

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,…

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Whatsapp Image 2025 02 03 At 17.03.49

VAT on Penalties

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…

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Claims for looting and unrest

Looting and unrest in the past has caused some substantial loss and damage to people’s livelihoods, to the greater economy and also causes financial loss…

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Variation Orders In Terms Of Gcc 2015

Variation Orders in terms of GCC 2015

Variation Orders have always been an interesting topic, as the very nature of the Variation Order, or the timing thereof, may bring about some interesting…

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A Concurrent Affair

A concurrent affair – dealing with concurrent delays in GCC 2015

The issue of dealing with and assessing concurrent delays under the different forms of recognised construction contracts in South Africa has probably been the most…

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