MDA Law
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Managing Heavy Rainfall under the JBCC Contract
Managing Heavy Rainfall under the JBCC Contract
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.
Understanding Onshore, Offshore, and Umbrella Agreements
Understanding Onshore, Offshore, and Umbrella Agreements
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.
Developments in public procurement of late
Developments in public procurement of late
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.
Defects under the NEC3 ECC Contract – The Contractor’s Perspective
Defects under the NEC3 ECC Contract – The Contractor’s Perspective
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 Cycle of a Construction Contract
The Cycle of a Construction Contract
The construction industry is built on various contractual relationships between contractors, subcontractors and employers.
Construction Outlook 2023
Construction Outlook 2023
There is much hype surrounding the Preferential Procurement Regulations which came into effect on 16 January 2023 in accordance with the Preferential
Establishing a Force Majeure under clause 19.1 (iii) of SANRAL FIDIC – Enforcing the Interdict
Establishing a Force Majeure under clause 19.1 (iii) of SANRAL FIDIC – Enforcing the Interdict
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
Implementation of dispute boards on construction contracts
Implementation of dispute boards on construction contracts
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.
Understanding the use of public private partnerships (PPPs) for infrastructure projects in Africa
Understanding the use of public private partnerships (PPPs) for infrastructure projects in Africa
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
