Construction Law

Whether you are an architect, engineer, builder, or supplier and require legal advice and assistance in the construction sector, we deliver expert services which include matters concerning the relevant agreements including without limitation “FIDIC” and “JBCC” as well as matters involving the Master Builder’s Association and NHRBC. We also specialise in the drafting of contracts, advising on content matter and assisting in negotiations, litigation and alternative dispute resolution (mediation, adjudication, and arbitration).

It is important for building contracts to be clear and unambiguous, and to set out the time periods and responsibilities of all parties in an understandable manner. Let us assist you with all your construction drafting needs. In cases of disputes, we are also able to ensure that the dispute resolution process is fair and transparent to all parties involved.

Should you require a quote please complete our quote form.

* Choosing the “right fit” attorney is an important matter! We fully appreciate this and therefore offer a reasonably priced and commitment free initial consultation (R950 VAT included per initial consultation), so you can ensure you have found the “right fit” before contracting legal work! Call us today!

For more information, feel free to browse related topics below.

Suggested reading and related topics:



#Covid19, Construction and Lockdown – how are these living together?

The South African construction industry is one of the sectors which is severely affected not only by a national lockdown but also by other unforeseen situations related to prevailing conditions that may be associated with the COVID-19 pandemic. Most co …

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Testamentary Trusts

Construction Guarantees – when does the contractor have the right to interfere with the employer’s claim?

It is a common occurrence for contractors to insure the performance of large construction projects. In fact in large projects this is a requirement.   In many instances these projects do not run as anticipated and as a result these policies are in …

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work permit

The Fulfilment of Contractual Obligations in the Context of #Covid19 – Unpacking impossibility and Force Majeure

The Corona Virus pandemic has had a significant impact on business, although in South Africa, we have not yet realized the exact impact. What is for sure is that the “old” remedy of force majeure and impossibility of performance will become a very topi …

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nominated and selected subcontractors

Constitutional Court rules that Municipalities should not approve building plans which will devalue your property

Introduction Land and property development has been on the lips of every South African, with every person from any segment of the country trying to gain interest or protect their interests in property. The notion of owning and having access to land is …

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mental health

The Star: Beware of boilerplate clauses in building contracts

Read our feature in The Star Newspaper, published on 17 August 2018. …

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nominated and selected subcontractors

Nominated and selected subcontractors – what is the difference and why it matters?

In any construction job, there will inevitably be the use of subcontractors. The subcontractor is usually appointed by the Contractor to perform a part of the construction works. However, there are times where one finds that their agreement makes refer …

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nominated and selected subcontractors

Consumer protection in respect of construction contracts

The Consumer Protection Act No. 68 of 2008 (the “CPA”) has been in effect since 2011, however, long before this Act, there have been other legislation around to protect consumers in the building and property law industry. One of these pieces of legisla …

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construction contracts

Guarantees in construction contracts

In the construction industry, as with many other industries, guarantees are used as security for the payment of compensation and to secure the performance of the obligations of the employer and/or the contractor in the underlying building contract. In …

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Contractor Dispute Resolution in terms of the Building Contract

Building disputes happen fairly often and, in many cases, when not settled, end up before an arbitrator due to the provisions of the type of building contract entered into. Sometimes, even before a court of law. The main reason behind this seems to be …

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When a guarantee is not guaranteed

It seems to be a common perception that a guarantee is a document cast in stone. This is, however, not the case.  As a rule of interpretation, the intention of the parties involved as well as all relevant facts of the matter, are key in determining the …

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What does the construction law say? Additional and or extra work done in the course of construction.

In the South African construction industry the commonly known Joint Buildings Contract Committee (JBCC) agreements have become the standard form for agreements used in the construction industry in South Africa. The agreements are written in plain langu …

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The guarantee.….is not unlike irrevocable letters of credit issued by banks and used in international trade, the essential feature of which is the establishment of a contractual obligation on the part of a bank to pay the beneficiary (seller). This obl …

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