Construction Law today is a contentious and onerous subject. It involves endless agreements, such as NEC or FIDIC, and other surprises, either in the form of ‘Special Conditions’ or nicely hidden clauses, which creep out of the woodwork if one expects it the least. Current contracts tabled today (largely cut-to-size to suit the employer) are a mine-field, usually needing to be adapted to suit both parties. This has happened primarily because of the changing face of construction in South Africa, and its unprecedented growth, certainly here to stay for the next few years, paired with the unknown, such as ASGI-SA obligations, never mind BEE and other surprises.

The firm is well geared to assist its clients in assessing risk and to guide in respect of potentially problematic contractual and edictalaspects.

That includes:

  • Dispute resolution, litigation and mediation
  • Environmental, Health and Safety legislation
  • Tender documentation and bid evaluation
  • Risk management
  • Competition issuespertaining to construction
  • Advice on project specific insurance requirements and exposure
  • Advice on Standard Form Contracts (including FIDIC, NEC, JBCC and other standard forms recommended for use by the Construction Industry Development Board and the Built Environment professions)
  • Drafting of project specific contracts
  • Advice on applicable legislation
  • Construction and engineering sector mergers, acquisitions and disposals, and due diligences
  • Construction and engineering claims
  • Advice on environmental impact assessments, water, waste and rehabilitation in construction, and appeals and reviews of decisions of environmental authorities
  • Advice on local zoning requirements and developmental legislation and appeals to decisions on developmental, town planning and zoning matters

Team specialist

Kay Schröder

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