CONSTRUCTION LAW

Construction
and
Engineering Law

Construction contracts comprise of a set of complex documentation, requiring knowledge of many fieldsThese fields include:

Contract Law For The Drafting Of The Initial Contracts And Any Variations Thereto

Advice On Standard Form Contracts

Advice And Litigation Involving Contractual Disputes.

Arbitrations

An Expertise In Liquidations And Insolvency Law Is Also Necessary To Assist With Issues Such As The Various Liens Available To Secure Payment To Contractors And Subcontractors,

The Effects Of Liquidations On These Liens

The Ranking Of Various Competing Security Rights As Well As

The Effects Of Liquidations Of The Various Companies Involved In The Construction Process And The Associated Contracts.

Reviews Of The Tender Process


The Complex Nature of Construction Contracts


We understand the different constituent parts of construction contract documentation and the interlocking relationship between these contracts.

We can also assist with advise on the structure of the financing of constructions projects, including but not limited to the following:

Penalty Clauses

Design Defects

Professional Liability Claims

Breaches Of Contractual Obligations,

Payment Disputes Including Certification Disputes

Final And Practical Completion,

Project Defects, Defects Caused By Other Contractors Or Subcontractors

Variation Orders

Inability To Obtain A Completion Certificate

We Can Also Advise On The Tendering Process

Arbitrations

Regulatory Bodies and Legal Ramifications of Construction Contracts

Advise on breaches of contract

Run litigations involving these breaches of contract and the various available remedies

Amongst all other contract law aspects, we can advise on:

Legality of contracts

Suspensive clauses

Resolutive clauses

Prevention of performance by the other contracting party

Impossibility of performance

Contractual clauses which are contra bonos mores (against good public morals)

Repudiations

Contractual defences

Penalty clauses

Warranties

The effects of "Llimitation of Liability" clauses

The effects of standard terms and conditions

International contracts

Contractual disputes

Terms implied by law or fact

The remedies for misrepresentations

Authority to contract by companies

Estoppel

Restitution

Void and voidable contracts


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Cell: 073 190 3712


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