The facts in this case are that the Defendant appointed the Plaintiff to complete construction works, subsequent to the liquidation of the previous contractor
A project manager’s independence is often a sensitive subject for contractors and even more so where an employer appoints a project manager from within its
Majority of construction disputes revolve around issues of payment, but every now and then, you deal with a dispute which is the result of a project site health or safety
Sub-Section 33(1)(b) of the Arbitration Act No. 42 of 1965 provides that an arbitration award may be set aside where “[a]n arbitration tribunal has committed any
Construction disputes are inevitable. Looking at adjudication as a form of dispute resolution, I thought it might be necessary to refresh and briefly look at some of
The procedure to be followed when submitting a claim under the GCC 2010, is set out in Clause 10.1 thereof. The process is relatively simple i.e. a written claim must
Numerous construction disputes have raised claims that the employer’s agent had failed to act fairly and impartially when it was required of him or her to
Clause 5.12.1 of the GCC 2010 entitles the Contractor to an extension of time “for circumstances of any kind whatsoever which may occur that will, in fact,
In recent years, we have witnessed the Constitutional Court developing the law of contract so as to bring the commercial sector in line with constitutional principles
Construction is a risky business. Not all risks can be predicted prior to the commencement of a project. Not all risks can be prevented or curbed during the execution of
Partnering with MDA will ensure a cost-effective implementation of contractually prescribed management procedures with the least possible impact during your project life-cycle.
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