Tag Archivesconstruction law
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 invoked. For a long time the rights of the contractor (who effectively is. […]

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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 reference to a nominated Subcontractor and a Selected Subcontractor. It is important to understand the difference […]

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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 legislation in construction law in South Africa  is known as the Housing Consumers […]

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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 construction contracts, it is far more common to secure the performance of the obligations of the […]

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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 two-fold. Firstly, due to the fact that most construction work involves […]

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