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26 May 2012
Legal Briefs
 
 
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26 Mar 2012
 
 
 
 
Business Rescue, the Companies Act and the Impact on the Construction Industry
MDA CONSULTING
Given the current parlous financial state of the local construction industry, many companies face the possibility of financial collapse. Unfortunately, in the past, companies in financial distress...
 
 
31 Jan 2012
 
 
 
FIDIC Conditions of Contract: Red Book – Understanding the need for contemporary records
MDA CONSULTING
“The early bird catches the worm” is the famous proverb known to many and is applied in many cases of day to day lives and is of no exception in its meaning to the construction industry. When...
 
 
21 Nov 2011
 
FIDIC Red Book: Delayed drawings, sub-clauses 8.4(e) and 20.1 – how do they relate to each other?
MDA CONSULTING
In January this year we published an article entitled “FIDIC Red Book: Contractor’s claim for incorrectly detailed drawings: what does the contract imply?” This examined the contractor’s...
 
 
30 Sep 2011
 
NEC 3: Quotations for Compensation Events: ending the never ending cycle
MDA CONSULTING
The NEC3 introduces the concept of a collaborative approach to problem solving by directing the contractor and the project manager to first discuss the different ways in which risks and the...
 
 
02 Sep 2011
 
NEC 3: declaring and notifying a dispute and time barring provisions
MDA CONSULTING
The NEC3, Engineering and Construction Contract as well as the Professional Services Contract contain unique time barring provisions in their dispute resolution clauses. They make provision therein...
 
 
06 Jul 2011
 
FIDIC: Force majeure, assessing why an event may be classified as a force majeure event
MDA CONSULTING
On 18 May 2011 it was reported by www.Fin24.com that Arcelor Mittal, the South African arm of the world's largest steel producer, invoked the force majeure provisions in its supply obligation...
 
 
03 Jun 2011
 
JBCC: practical completion, works completion and final completion: a brief overview
MDA CONSULTING
We examine the following terms namely ‘practical completion’, ‘works completion’ and ‘final completion’ as set out in the JBCC 2000, Principal Building Agreement, 6th edition and...
 
 
06 May 2011
 
 
 
NEC 3: When is the project manager obliged to notify a compensation event, and what are the effects of his failure to do so?
MDA CONSULTING
Time bar clauses that are found in the standard form construction contracts (almost) always operate against the contractor. Hopefully we are all aware of the consequences of failing to comply with...
 
 
 
Legal Briefs
 
 
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