· Alternative Dispute Resolution (including Arbitration, Mediation and Adjudication)
Construction and Engineering disputes are often complex. The complexity arises not only from intricate contractual terms and relationships, but also sophisticated technical facts, all of which must be analysed and understood.
Construction and Engineering matters often involve large volumes of documentation to be assessed in order to develop a comprehensive and accurate factual matrix for evaluation.
Construction and engineering disputes may be dealt with through the conventional litigation processes, but are often the subject of arbitration agreements. Parties to construction agreements usually anticipate that disputes arising from the construction contract would be significant and therefore provide for the use of alternative dispute resolution procedures. This allows a party to state its case to a presiding officer with suitable technical expertise.
We are uniquely placed to provide clients with professional services in this regard. Our skills are drawn upon by a significant client base. Some of our recent exposure includes:
· 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 MassMart building through fire (claim value of R 170 million)
· Acting for a prominent property developer in a payment dispute against a major contractor concerning a high end apartment development in Sandton, Johannesburg (claim value of R 30 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)
· Acting for a major construction company, more specifically its steel manufacturing division, concerning the supply of erection materials to be incorporated into two major power station projects
· 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)