This article first appeared in Construction World Magazine in 2010. At that time, the enforceability of adjudicators awards was not clearcut. Now, some 15 years later, it is appropriate to update the legal position in South Africa. Chris Binnington is...
Despite the fact that adjudication, as a process, has been with us in South Africa since 1996 when ESKOM introduced the NEC forms of contract, quickly followed by the 1999 FIDIC suite, there is still today a woeful lack of...
I have, on a number of occasions in this magazine, written articles in regard to the draconian effect on a Contractor of failing to comply with the notice provisions in claims clauses where such notice provisions constitute what the legal...
Despite the fact that adjudication, as a process, has been with us in South Africa since 1996 when ESKOM introduced the NEC forms of contract, quickly followed by the 1999 FIDIC suite, there is still today a woeful lack of...
Introduction One of the weaknesses of the adjudication process in South Africa is the absence of an effective enforcement process. In the United Kingdom, applications for enforcement are made to the Technology and Construction Court (TCC) a division of the...