MDA Attorneys - Construction & Technology Law Specialists

CAASA ANNUAL CONFERENCE 15 NOVEMBER 2024 - Should you wish to attend, please email events@adjudicators.co.za for more details. This series is free of charge to CAASA members attending online or R200 (ex vat) to attend in person. Non-members are able to attend in person at a nominal fee of R400 (ex vat) or R150 online.

How can early collaboration transform construction projects? In a significant construction initiative in South Africa, engineers and contractors worked closely together from the start, refining designs and addressing potential issues upfront. This proactive approach led to smoother progress, as highlighted by Euan Massey of MDA Attorneys - Construction & Technology Law Specialists: "This collaboration upfront means smoother progress and fewer surprises." The result was a well-executed project delivered on time, with accurate pricing and strengthened community relationships. This method shows how teamwork and early involvement can drive successful construction outcomes. For more subscribe for updates on the latest industry trends: https://bit.ly/3QtTIbV #ConcreteTrends #Construction #News

Defects under the #NEC3 ECC Contract – The Contractor’s Perspective. The definition of a “Defect” provided in the NEC3 Engineering and Construction Contract, April (2013) (the “NEC3 ECC Contract”) is broad and non-specific, and creates uncertainty as to whether the problem experienced with the works is actually a #Defect, or whether the problem experienced is, for example, a problem caused by incorrect specifications or site conditions. Read more - https://lnkd.in/dyR8W2Y4

THROWBACK THURSDAY – Back in March 2014, one of our associates unpacked whether or not a contractor would have a right to suspend the execution of the works if the employer had failed to make timeous payment – even though the #GCC2010 did not contain any clause that allowed such suspension. It was believed that a legal argument could be raised (fancy Latin term – the Exceptio non adimpleti contractus). This would perhaps be a common law remedy that the contractor could rely on, based on the principle of reciprocity. In the #GCC2015 we no longer have to worry about using the common law argument. Clause 5.11 has bee inserted into this version of the Contract: 5.11.1 The Contractor may, after having given fourteen (4) days written notice to the Employer, with a copy to the Employer’s Agent (with specific reference to this Clause) suspend the progress of the Works where the Employer’s Agent or the Employer has failed in terms of Clause 6.10.4 to: 5.11.1.1 Delivery a payment certificate; or 5.11.1.2  Make full payment of the amount certified in the payment certificate without prejudice to the Contractor’s other rights under this Contract or by law. Clause 5.11.4 then makes provision for the Contractor to claim an extension of time plus proven additional cost as a result of the suspension (subject to Clause 10.1 of course). This has certainly taken the guess work out of the GCC2010 “right to suspend” or lack thereof. Read the original FAFC article here - https://lnkd.in/d643YbFw

While two-stage contracting is a growing trend in SA’s construction sector, clients run the risk that contractors are unrealistic in their initial pitch, hiking up their prices at a later stage during a project. MDA Attorneys - Construction & Technology Law Specialists says that while two-stage contracting is beneficial, it requires close collaboration: https://bit.ly/3yS7YFP #construction #tenders #builtenvironment #legal #industryinsights #contractors #propertydevelopment #legaladvice #propertydevelopment #architecture #engineers #propertyowners #realestateinvestment #constructionindustry #realestateinvestor #buildingindustry

THE GOOD, THE BAD AND THE UGLY… INTERIM PAYMENTS, RETENTION AND THE MANAGEMENT OF RISK IN SUBCONTRACTS – THE GENERAL CONDITIONS OF SUBCONTRACT FOR CONSTRUCTION WORKS, FIRST EDITION (2018). #GCC Read our latest First Aid for Contracts article - https://lnkd.in/dbpg8vhc

CAASA members and non-members are welcome to join us for our Adjudicator's Continuous Training on 02 August 2024 to RSVP follow the link below https://lnkd.in/dKCAFewQ

MDA director, Euan Massey, will be presenting at the SAICE Project Management & Construction Divisions webinar on the topic: An overview of standard form contracts (#JBCC, #FIDIC, #GCC and #NEC).

Some interesting insights from our latest MDA #Adjudication Survey. We are keenly tracking if some of these new trends will reflect in this years Adjudications. To view the survey - https://lnkd.in/drprc6Xs

So proud to be involved in this project as Proconics external legal counsel during #contract negotiations. Wishing Proconics a successful project.