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Master Builders KwaZulu-Natal endeavours to keep its members informed of new developments in the construction industry, along with other industry pertinent matters, such as changes to legislation, contractual and legal matters, Health and safety advancements and more.
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Contractual & Legal
12 hours ago (0 Comments - view/add) Trying To Work-Around Time Bars » 07 MARCH 2025 \| CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE LAW On 17 January 2025, the Supreme Court of Appeal (SCA) h...
Monday, 02 February 2026 (0 Comments - view/add) Construction Industry Contract and Legal Landscape: What Can We Expect for 2026? » Standard forms of contract are being updated to reshape how risk is allocated and managed across construction project...
Monday, 01 December 2025 (0 Comments - view/add) Joint Ventures in Construction and Infrastructure Projects » Joint Ventures in Construction and Infrastructure Projects: Balancing Opportunity and Risk Joint ventures have become a...
Monday, 06 October 2025 (0 Comments - view/add) Does an Employer have right of recourse to a Subcontractor? » It often occurs after handover of a project, that an Employer may have found certain defects in works executed by a Subcon...
Monday, 01 September 2025 (0 Comments - view/add) From Delay to Delivery: Working together on faster plan approvals » Delays in the approval of building plans remain one of the most pressing challenges facing the construction sector in KwaZ...
Monday, 04 August 2025 (0 Comments - view/add) The influence of Public Policy on Contracts » It is trite that contracts may be void for illegality for a variety of reasons. Usually, these illegalities are cited as g...
Monday, 07 July 2025 (0 Comments - view/add) Primacy of Arbitration Affirmed » Introduction The Supreme Court of Appeal (“SCA”) has recently reaffirmed the binding nature of arbitration clauses...
Sunday, 01 June 2025 (0 Comments - view/add) Guidelines for Construction Contractual Notice » Ensuring Clarity, Compliance and Claims Protection from the perspective of a Contractor Contractual notices are a vital...
Sunday, 04 May 2025 (0 Comments - view/add) How to Refer a Construction Dispute to Arbitration » 1. When shall an unresolved dispute be referred to arbitration? An unresolved dispute is referred to arbitration wher...
Monday, 07 April 2025 (0 Comments - view/add) The basics of a turnkey contract » Descriptions such as "design and build" and "package deal" are synonymous with a turnkey contract. One might ask, what doe...
Monday, 03 March 2025 (0 Comments - view/add) Your Contract with Government Wasn’t Budgeted For, Now What? » A recent SCA ruling confirms that contractors who enter government contracts exceeding budgeted amounts are still entitled...
Saturday, 01 February 2025 (0 Comments - view/add) Procurement Law in South Africa: Understanding the Basics » The Public Procurement Act, 2024 (Act No. 28 of 2024) (“the Public Procurement Act”) was signed into law on 2...
Monday, 02 December 2024 (0 Comments - view/add) National Construction Summit on Crime-Free Construction Sites » The South African construction industry contributes approximately 3% to the gross domestic product (GDP), employs over 1.3...
Monday, 04 November 2024 (0 Comments - view/add) Sidestepping an Arbitration Agreement » INTRODUCTION Arbitration is an alternative private dispute resolution process which is governe...
Monday, 07 October 2024 (0 Comments - view/add) Broken Promises: The salient aspects of breach of contract » Contracts impose various obligations on the parties and if one of the parties does not carry out any particular ob...
Monday, 02 September 2024 (0 Comments - view/add) Indemnity clauses in the context of the JBCC Contract » Under common law, every person has an obligation not to cause harm to another person through negligence. Such harm...
Monday, 05 August 2024 (0 Comments - view/add) Selecting a construction contract » A construction contract lies at the heart of a construction project and is a legally binding document delineating the reci...
Monday, 01 July 2024 (0 Comments - view/add) Construction Contracts: Damages and penalties due to late completion » A construction contract contains reciprocal rights and responsibilities. For example, the Contractor is entitled...
Monday, 03 June 2024 (0 Comments - view/add) Checklist for Signing a Construction Contract » Signing a construction contract is a significant step in any project, whether it is a small residential renovat...
Monday, 06 May 2024 (0 Comments - view/add) Safeguarding Against Fraudulent Calls: Protecting Your Business During Tender Phases » An increasingly important issue facing the industry is one of fraudulent calls made to tenderers during the bid adjudicati...
Monday, 08 April 2024 (0 Comments - view/add) The significance of the JBCC Payment Certificate being a liquid document » A payment certificate is defined as follows in the JBCC PBA 6.2 as “ PAYMENT CERTIFICATE: A certificate issued at regula...
Monday, 04 March 2024 (0 Comments - view/add) Conventional Penalties Act » In the high-stakes world of construction, timing isn't just a matter of convenience—it's the bedrock of financia...
Monday, 05 February 2024 (0 Comments - view/add) Steps to avoid the common areas of dispute under a construction contract. » Construction disputes are costly and are often accompanied by lengthy resolution processes which can be stressful and resu...
Monday, 04 December 2023 Understanding the concepts of Breach and Default in Construction Contracts » Introduction Construction contracts provide a framework for collaboration, outlining rights, responsibilities, and exp...
Monday, 06 November 2023 (0 Comments - view/add) Risk Allocation in Construction Contracts » Introduction Risk allocation in construction contracts is a complex and crucial aspect of contract nego...
Monday, 02 October 2023 (0 Comments - view/add) Arbitration: A brief overview of the effects of an arbitration agreement » Introduction Arbitrations in South Africa are governed by the Arbitrations Act 42 of 1965 (“the Arbitration Act”). The...
Monday, 04 September 2023 (0 Comments - view/add) Effective Contract Management in Construction » The construction industry is a labyrinth of contracts, regulations, timelines, and budgets. This article will delve into t...
Monday, 07 August 2023 (0 Comments - view/add) An understanding of Contract Final Accounts » The phases of contract management can be divided into the following three categories: •Pre-Award •Post Award •Contract Clo...
Monday, 03 July 2023 (0 Comments - view/add) Construction Contracts: Risk allocations and what to look for » Introduction Construction projects are complex endeavours that involve numerous risks and unce...
Friday, 02 June 2023 (0 Comments - view/add) Unearthing the contractual landscape relating to latent defects in construction projects » The Association has received an influx of queries on latent defects, specifically concerning what latent defects entail an...
Monday, 08 May 2023 (0 Comments - view/add) The relevance of good contract management for successful project management » It is said that the success of a project hinges on three criteria: cost, time and quality. According to Miller and Lessard...
Tuesday, 04 April 2023 (0 Comments - view/add) Delay Claims – The importance of contemporaneous records by the contractor » It often occurs that contractors know that something went wrong on a project, but because they lack records, are unable to...
Monday, 06 March 2023 (0 Comments - view/add) Importance of NHBRC registration and enrolling a new home » Recently the Association has received numerous queries regarding the National Home Builders Registration Council (“NHBRC”)...
Tuesday, 28 February 2023 (0 Comments - view/add) Available Contracts » The Joint Building Contracts Committee commonly referred to as the JBCC came into existence in 1997, and is a registered S...
Tuesday, 28 February 2023 (0 Comments - view/add) Anti-Corruption Programme » The Association has an Anti-Corruption Awareness Programme which focuses on the following: A Commitment Pledge by Member...
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