Practical Completion, Possession and Delay

Practical Completion, Possession and Delay

 When did practical completion of the works take place? Practical completion of the works is a defining moment on most contraction contracts. Retention becomes due for release and liability for damages passes to the employer. Of course, any obligation on the...
Quantum Jump

Quantum Jump

THE BEST METHODS AND APPROACH FOR DETERMINING QUANTUM MATTERS ARE: The use of a sophisticated cost system that allows an audit trail of cause, effect, and entitlement. In the absence of a sophisticated system, the use of the records available should be the next...
Productivity – Who (or What) Is To Blame?

Productivity – Who (or What) Is To Blame?

PRODUCTIVITY losses continue to form a major cost to employers and contractors alike. The argument as to who is liable for such costs will be continually debated and, in most instances, decided by a tribunal. Having carried out a recent survey into productivity, the...
Damages in the post COVID-19 Period

Damages in the post COVID-19 Period

The national lock-down in South Africa witnessed the closure of construction sites. In the period since, there has been great debate on the recovery of losses where there has been a breach of contract or a claim in delict. It is most probable that the courts,...