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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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Hcpa 2024 Frontcover

Addition to, alteration, renovation or repair of a home now regulated by the NHBRC

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,…

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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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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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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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Mediation 2

The concept of Mediation – relevant or not?

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…

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THE CERTAINTY OF A “NON-VARIATION CLAUSE”

Formalities can be imposed by statute or by the parties itself. No formalities are required by statute for the conclusion of a contract for construction…

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Realistic Wooden Brown Judge Gavel

SUPREME COURT OF APPEAL DECLARES CONTRACT INVALID AND UNLAWFUL DUE TO BUDGET OVERSPEND

In the case of Zeal Health Innovations (Pty) Ltd vs the Minister of Defence and Military Veterans and Another other (Case No. 967/2023) the Supreme…

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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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