RN INC. MEDIA
Time-bars to referring a dispute to adjudication in the NEC ECC
By Roelf Nel (Director), Daniellé Giannico (Associate) and Pelonomi Letsholo (Candidate Attorney) An issue that frequently rears its head when dealing with construction disputes is the issue of the various time bars in the NEC Suite of Contracts. The first hurdle you...
Who carries the risk for safety and security on site due to the actions of the Construction Mafia in terms of the GCC Ed. 2010?
By Carin van Wyk (Senior Associate), Danielle Giannico (Associate) and Ntobeko Ntuli (Candidate Attorney) WHAT IS THE CONSTRUCTION MAFIA: Every person working in the construction industry today has heard the term “Construction Mafia”, but who are we actually...
What is BIM?
By Daniellé Giannico (Associate) ISO 19650 defines BIM as the “use of a shared digital representation of a built asset to facilitate design, construction and operation processes to form a reliable basis for decisions”. It is clear from this definition that Building...
What to look out for when dealing with the agent of the employer or the contractor
In this article we examine what the potential harmful effect is if an electrical subcontractor does not have access to the full agreement between all the parties to the project and the risk faced by parties when their agents are not properly identified or authorised. ...
Defect liability on a construction project can broadly be split into three categories, Construction (workmanship) Liability, Design liability, and Manufacturer liability
By Carin van Wyk (Associate) and Daniellé Giannico (Associate) Construction (workmanship) Liability: As a general rule there is an implied warranty on behalf of the Contractor that the work will be done in a workmanlike manner and that the materials will be suitable...
Can parties contract out of compliance with the SANS 10400 building standards?
Daniellé Giannico (Associate) The legal principle central to the issue is the principle that contractual terms which are contrary to public policy will be unenforceable. In this respect, parties to an agreement cannot contract out of the application of the law. It,...