Policy, Law, Economics and Politics - Deepening Democracy through Access to Information
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23 April 2014
Legal Briefs
 
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21 Jan 2013
 
 
Contractor’s claim for incorrectly detailed drawings: What does the contract imply?
MDA CONSULTING
1. Introduction The conditions of contract for construction for building and engineering works designed by the employer under the FIDIC red book place the design obligations on the employer (except...
 
 
18 Jan 2013
 
 
 
General: unpaid certified payment certificates - your rights explained
MDA CONSULTING
Generally speaking, under most standard form construction contracts the issue of a payment certificate by the employer or the employer’s agent is a condition precedent to the contractor’s...
 
 
17 Jan 2013
 
Notices of intention to claim: The Enviroserv decision
MDA CONSULTING
Introduction We all know that construction contracts contain the infamous time bar clauses where contractors should notify the engineer of its intention to claim additional payment and extensions...
 
 
16 Jan 2013
 
FIDIC sub-clause 20.1 – What does the phrase 'when the Contractor becomes aware or should have reasonably become aware' mean?
MDA CONSULTING
Introduction The first paragraph of sub-clause 20.1 (contractor’s claims) under FIDIC addresses two things: firstly, it obliges the contractor to give notice to the engineer of an event or...
 
 
22 Oct 2012
 
 
 
The right of set-off intercontract introduction
MDA CONSULTING
The realm of construction is a small one, when one considers the relatively limited number of participants in the industry. A joint venture partner on one contract may be a competitor in the...
 
 
26 Mar 2012
 
 
 
Business Rescue, the Companies Act and the Impact on the Construction Industry
MDA CONSULTING
Given the current parlous financial state of the local construction industry, many companies face the possibility of financial collapse. Unfortunately, in the past, companies in financial distress...
 
 
31 Jan 2012
 
 
 
FIDIC Conditions of Contract: Red Book – Understanding the need for contemporary records
MDA CONSULTING
“The early bird catches the worm” is the famous proverb known to many and is applied in many cases of day to day lives and is of no exception in its meaning to the construction industry. When...
 
 
21 Nov 2011
 
FIDIC Red Book: Delayed drawings, sub-clauses 8.4(e) and 20.1 – how do they relate to each other?
MDA CONSULTING
In January this year we published an article entitled “FIDIC Red Book: Contractor’s claim for incorrectly detailed drawings: what does the contract imply?” This examined the contractor’s...
 
 
 
Legal Briefs
 
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