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19 May 2013
                       
 
 
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21 Jan 2013
 
 
Contractor’s claim for incorrectly detailed drawings: What does the contract imply?
MDA CONSULTING
1. Introduction The conditions of contract for construction for building and engineering works designed by the employer under the FIDIC red book place the design obligations on the employer (except...
 
 
18 Jan 2013
 
 
 
General: unpaid certified payment certificates - your rights explained
MDA CONSULTING
Generally speaking, under most standard form construction contracts the issue of a payment certificate by the employer or the employer’s agent is a condition precedent to the contractor’s...
 
 
17 Jan 2013
 
Notices of intention to claim: The Enviroserv decision
MDA CONSULTING
Introduction We all know that construction contracts contain the infamous time bar clauses where contractors should notify the engineer of its intention to claim additional payment and extensions...
 
 
16 Jan 2013
 
FIDIC sub-clause 20.1 – What does the phrase 'when the Contractor becomes aware or should have reasonably become aware' mean?
MDA CONSULTING
Introduction The first paragraph of sub-clause 20.1 (contractor’s claims) under FIDIC addresses two things: firstly, it obliges the contractor to give notice to the engineer of an event or...
 
 
02 Nov 2012
 
 
 
Consulting agency introduces new course in construction adjudication for 2013
Engineering and construction law
Independent, multidisciplinary legal consulting firm MDA Consulting has introduced its Programme in Construction Adjudication, to be launched in February 2013 by the University of Pretoria, in...
 
 
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...
 
 
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...
 
 
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...
 
 
13 Apr 2011
 
The General Conditions of Conditions Contract for Civil Engineering Works 2010 (‘GCC 2010’): what’s new?
MDA CONSULTING
onstruction contracts evolve over the passing of time into hopefully more structured, efficient and accurate tools for commercial trade. With that they are better facilitate the conduct of such...
 
 
03 Mar 2011
 
Assessing delays: the impacted as-planned method compared to the time-impact analysis method
MDA CONSULTING
The penalty provisions for late completion found in construction contracts are for the benefit of the employer. If the contractor does not meet the agreed completion date (or sectional completion...
 
 
 
                       
 
 
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