the SADC Humanitarian and Emergency Operations Centre (SHOC) has issued a heavy rainfall preparedness advisory for early January 2025, urging member states to prioritize disaster management and safety. While this advisory focuses on public safety, the construction industry is equally vulnerable to the impacts of excessive rainfall, including delayed work, mudslides, water pooling, and damage to works.
In the realm of international projects, particularly within sectors like engineering, procurement, and construction (EPC), the utilization of onshore, offshore, and umbrella agreements plays a pivotal role. These structures facilitate seamless project execution while optimizing tax efficiency and ensuring regulatory compliance.
It has been widely publicised that the immediate focus of Minister of Public Works and Infrastructure Minister Dean Macpherson is to “turn South Africa into a construction site”. This sentiment has been echoed by President Cyril Ramaphosa. At MDA, we have, of late, seen a noticeable increase in procurement activity in the public sphere.
The definition of a “Defect” provided in the NEC3 Engineering and Construction Contract, April (2013) (the “NEC3 ECC Contract”) is broad and non-specific, and creates uncertainty as to whether the problem experienced with the works is actually a Defect, or whether the problem experienced is, for example, a problem caused by incorrect specifications or site conditions.
The construction industry is built on various contractual relationships between contractors, subcontractors and employers.
There is much hype surrounding the Preferential Procurement Regulations which came into effect on 16 January 2023 in accordance with the Preferential
Contractors are well aware by now, that in order to be granted relief under Clause 19.1 (iii) of SANRAL FIDIC, a Contractor must satisfy five additional obligations in
Historically, construction disputes have been resolved via litigation. In more recent times, public sector contracts usually included litigation as the means of settling disputes whereas private sector contracts employed arbitration.
A PPP is a long terms asset or service delivery agreement established between the public and private sector with the aim of achieving economic development by taking advantage of the private sectors qualifications as well as its capital
Construction contracts are often of large value and could entail complex works with detailed specifications. Whilst generally based on standard form contracts
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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