Construction Law

We draw regularly on our in depth knowledge of the standard form construction law contracts (including FIDIC, NEC, GCC and JBCC Agreements).

We advise on all aspects of contract administration, contractual entitlements, contract variation and claim procedures, as well as claim preparation and enforcement (or defence) strategies.  We assist clients with the assessment and formulation of delay and disruption claims. Our client base includes construction claim team members, main- and sub-contractors and employers.

Some of our recent construction law exposure includes:

  • Acting for a prominent property developer in a payment dispute against a JSE listed contractor concerning a high end apartment development in Sandton, Johannesburg (claim value of R 30 million);
  • Acting for a JSE listed construction and engineering company, more specifically its steel manufacturing division, concerning the supply of erection materials to be incorporated into two major power station projects (estimated claim value of R 300 million); and
  • Acting for the steel manufacturing division of a JSE listed construction and engineering company concerning the disputed interpretation of an escalation clause (claim value of R 15 million). 

Insurance Law

We act for local and international insurers and underwriters concerning insured risks in the construction, engineering, industrial, mining, manufacturing, quality assurance and certification fields. Our client base includes professional indemnity insurers, product and public liability insurers, Guarantors as well as insurers carrying project specific liability.

We act as both defence and prosecution attorneys in professional indemnity claims against design, project management and quantification professionals. We also act for insurers of product liability risks carried by designers, manufacturers, contractors as well as suppliers and distributors of products and services in the construction, engineering, chemical and industrial sectors.

Our services to insurers range from policy response advice to recovery of paid amounts from third parties.

We also act for parties involved in the construction industry regarding disputes concerning various forms of Construction Guarantees.

Some of the recent insurance law claims in the Construction and Engineering field include:

  • The successful resolution of a claim concerning the collapse of a tubular space-frame structure in the Saldanha harbour on behalf of a major International (German) manufacturer and its insurer (claim value of R 210 million);
  • The successful resolution of a claim against a fire engineering consultant and its insurer concerning the total destruction of a building (claim value of R 170 million);
  • Acting for a chemical manufacturer and supplier and its insurer in defence of a claim related to the alleged failure of a six hectare concrete warehouse floor (claim value of R 17 million);
  • Acting for a chemical manufacturer and supplier in defence of a claim concerning alleged product deficiencies incorporated into catalyst products used in the motoring industry (claim value of R 18 million); and
  • The successful resolution of a claim against a major International Authorised Inspection and Certification Agent concerning the alleged failure of pressure vessel equipment used by a global brewery in Morocco, Benin and Burkina Faso (claim value of R 12 million).