• – Royal Institution of Chartered Surveyors (RICS) accredited Civil Commercial Mediator

  • – Representation in construction related mediation

  • – Acting as mediator

    • – Drafting of project specific contracts, documents
    • – Project Finance Agreements
    • – Joint Venture Agreements
    • – Off-Take Agreements
    • – Build-to-Suit Agreements
    • – Development Agreements
    • – Amendments and/or additions to standard form building and/or construction contracts
    • – Amendments and/or additions to standard form professional fee agreement

       

    INFRASTRUCTURE: CONSTRUCTION AND ENGINEERING CONTRACT

    A well drafted agreement is an essential tool in managing not only the successful execution of the project but also the relationship between the parties involved. It is therefore advisable to have a professionally drafted contract to avoid disputes arising between the parties. Our professional expertise in drawing up and tailoring a written contract offers you the convenience of:

    i. Ensuring that both parties to the agreement are fully aware of the contents of the agreement;
    ii. Establishing transparency between the parties;
    iii. Creating and maintaining trust between parties;
    iv. Setting each of the parties’ expectations and project milestones form the start;
    v. Avoiding unnecessary disputes between parties.

    We offer a bespoke contract drafting services projects with unique and complex requirements. This service is ideal for those Projects that require a tailored contract approach. We can assist with the drafting, reviewing, editing, updating and the execution of the contracts listed on our services page.

    We work to fixed quotes for this service.

    • – Claims preparation, appraisal & defense
    • – Dispute avoidance
    • – Representation in arbitration and other ADR procedures

  • – Interpreting environmental legislation. Representation in construction related mediation

  • – Auditing and compliance advice

  • – Permitting and licensing advice

  • – Advising on environmental impact assessments

  • – Litigation and alternative dispute resolution


Environmental law and Health and Safety Compliance 

Sustainable development is entrenched in our Constitution and enforced in the National Environmental Management Act 107 of 1998 (including other associated Acts and regulations). In order to promote in interests of the environment we need to balance the impact of industrial activities on the environmental resources with the needs of society and a thriving economy. We aim to proactively assist our clients so as to achieve and maintain legal compliance and ensure that significant legal risks are avoided altogether where possible. Now more than ever, businesses cannot afford to ignore these issues as non-compliance can lead to criminal liability (both corporate and individual) and significant financial and reputational issues.

Our environmental law service includes:

  • – Advising on environmental aspects of commercial transactions and agreements

  • – Applications for environmental licenses, authorisations and permits

  • – Appeals against administrative decisions and judicial reviews

  • – Appealing and/or amending environmental authorisations

  • – Environmental risk identification and management

  • – Drafting or advising on appropriate of sustainability-related contractual provisions

  • – Due-diligence investigations and compliance auditing

  • – Litigation and alternative dispute resolution (ADR)

The Occupational Health and Safety Act, 1993 Construction Regulations 2014 places an obligation on all the roll players in industry including the Client, the Designer, the Contractor and subcontractors to comply with the Health and Safety regulations from inception to close out. Failure to comply with the health and safety regulations can lead to criminal liability (both corporate and individual) and significant financial losses.

Our Health and Safety services includes:

  • – Advising on how to implement the Construction Regulations 2014 in your project from inception to close out

  • – Advising on health and safety aspects of development as it relates to your construction and professional services agreements

– Training

    • Advising and assisting developers from pre-feasibility through:

      • – Acquisition
      • – Financing
      • – Rezoning
      • – Appointment of consultants
      • – Project stage 1-4
      • – Construction
      • – Close Out
      • – Operations and Maintenance
  • – Building, Construction and related commercial litigation
    – Civil Litigation
    – Environmental law litigation

Litigation is a dispute resolution method in terms of which either an application or action is issued at court.

An action is issued if there is a foreseeable dispute of fact. An application can be issued if there is no foreseeable dispute of fact, for instance if an interim payment certificate has been issued in favour of a contractor in terms of a JBCC contract.

However, most construction and commercial agreements contain a dispute resolution clause in terms of which the dispute must be adjudicated by means of either Adjudication or Arbitration. The agreement then changes the default position, being that all disputes is resolved by means of litigation.

Action proceedings follow a procedure, in terms of which pleadings are exchanged between the parties and oral evidence is thereafter led before the court. The court then issues a judgment based on the evidence that was presented before the court.

Application proceedings follow a procedure, in terms of which pleadings are exchanged between the parties in the form of affidavits and legal argument is then presented to the court. The court thereafter issues a judgment based on the evidence (the affidavits) and legal argument that was presented before the court.

We have acted for parties in numerous court proceedings. Our litigation lawyers will be able to assist you during the court proceedings.

  • – Acquisitions & Disposals
  • – Structuring
  • – Financing
  • – Land Use Rights
  • – Letting
  • – Selling

When you plan to buy or sell your most important investment, you need legal assistance of the highest quality to ensure the accurate and speedy processing of your transfer. Our dedication in offering our clients a professional service of the highest standard providing personalized service to our valued clients, whether buyer or seller.

Our Property Law and Conveyancing department will take care of the following for you:

  • – Transfers
  • – Bond Registrations
  • – Bond Cancellations
  • – Consolidation and Subdivision
  • – Deeds office searches
  • – Deceased Estate Transfers
  • – Sectional Titles Transfers
  • – Municipal Transfers
  • – Government subsidy Transfers
  • – Property development
  • – Acting as an adjudicator
  • – Representation of parties to adjudication proceedings under JBCC, GCC, FIDIC and NEC forms of Contract

Adjudication is a dispute resolution method in terms of which an adjudicator is appointed to adjudicate the disputes between the parties.

Most construction agreements contain a dispute resolution clause in terms of which the dispute must either be adjudicated by means of Adjudication or the dispute can be referred to Adjudication at the election of the party referring the dispute. The agreement then changes the default position, being that all disputes is resolved by means of litigation.

The adjudication proceedings usually follow a procedure in terms of which the pleadings must set out the facts, evidence and legal argument that the party intends to rely on. An oral hearing is only held if the adjudicator decides that it is necessary to do so. If an oral hearing is not held then the adjudicator makes an award based on the documents that was presented to him. If an oral hearing is held the adjudicator makes an award based on the documents exchanged and what was presented to him during the hearing.

Usually the agreement states that the party dissatisfied with the adjudicators award may refer the dispute to arbitration. If the dispute is then referred to arbitration the adjudicators award is binding but not final. If the dispute is not referred to arbitration the adjudicators award is binding and final. As the adjudicators award is binding, specific performance thereof can be enforced in court proceedings even if the award is referred to arbitration.

We have acted for both Claimants and Defendants in numerous adjudication proceedings. We have also acted in applications for the enforcement of adjudication awards.

Our lawyers will be able to assist you during the adjudication proceedings and with the enforcement of the adjudication award.

  • – Acting as Arbitrator
  • – Representation of parties under AFSA, Association of Arbitrators and ICC Rules
  • – Representation of parties under JBCC, GCC, FIDIC and NEC forms of contract

Arbitration is a dispute resolution method in terms of which an arbitrator is appointed to adjudicate the dispute between the parties.
Most construction and commercial agreements contain a dispute resolution clause in terms of which the dispute must be adjudicated by means of Arbitration. The agreement then changes the default position, being that all disputes is resolved by means of litigation.

Arbitration proceedings can also be agreed upon between the parties if the agreement does not contain a clause in this regard.

The arbitration proceedings usually follow a procedure that is closely related to litigation, in terms of which pleadings are exchanged between the parties and oral evidence is thereafter led before the arbitrator. The arbitrator then makes an award based on the evidence that was presented before him. The arbitrators award is binding and can be enforced in court proceedings.

We have acted for both Claimants and Defendants in numerous arbitration proceedings. We have also acted in applications for the enforcement of arbitration awards.

Our arbitration lawyers will be able to assist you during the arbitration proceedings and with the enforcement of the arbitration award.

  • – Royal Institution of Chartered Surveyors (RICS) accredited Civil Commercial Mediator
  • – Representation in construction related mediation
  • – Acting as mediator
  •  
  • – Advice on contract preparation
  • – Advice on contract implementation
  • – Advice on dealing with disputes using the contract mechanisms
  • – Advice on contract selection from the FIDIC suite
  • – Advice on contract preparation
  • – Advice on contract implementation
  • – Advice on dealing with disputes using the contract mechanisms
  • – Advice on contract preparation
  • – Advice on contract implementation
  • – Advice on dealing with disputes using the contract mechanisms
  • – Advice on contract selection from the NEC suite
  • – Advice on contract preparation
  • – Advice on contract implementation
  • – Advice on dealing with change and compensation events using the contract mechanisms
  • – Preparation and assessment of quotations for CE’s