Tag Archivesconstruction law
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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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 language and therefore can be understood by laymen in the construction industry. This is a great advantage. These agreements have […]

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