Quantum Jump

Quantum Jump

THE BEST METHODS AND APPROACH FOR DETERMINING QUANTUM MATTERS ARE: The use of a sophisticated cost system that allows an audit trail of cause, effect, and entitlement. In the absence of a sophisticated system, the use of the records available should be the next...
How do I choose the right arbitrator?

How do I choose the right arbitrator?

The Arbitration Foundation of South Africa’s international arbitration rules were released for public consultation on 1st July 2020. These new rules suggest that the choice of arbitration rules may increase. Parties to a dispute will have extended choices beyond those...
Productivity – Who (or What) Is To Blame?

Productivity – Who (or What) Is To Blame?

PRODUCTIVITY losses continue to form a major cost to employers and contractors alike. The argument as to who is liable for such costs will be continually debated and, in most instances, decided by a tribunal. Having carried out a recent survey into productivity, the...
Adjudication & COVID-19

Adjudication & COVID-19

In April and May of this year we provided a series of webinars. These focused on best practice for construction parties dealing with suspension or delay of works due to the lockdowns in various jurisdictions. In this article, we take a look at some of the requirements...
Adjudication: An Overview

Adjudication: An Overview

This article takes a look at the merits of ‘adjudication’ as a means of resolving disputes and ensuring continued cashflow in the construction industry. A time-limited system for resolving a dispute, adjudication is typically limited to a four-week period for...
Damages in the post COVID-19 Period

Damages in the post COVID-19 Period

The national lock-down in South Africa witnessed the closure of construction sites. In the period since, there has been great debate on the recovery of losses where there has been a breach of contract or a claim in delict. It is most probable that the courts,...