During the recent floods experienced in Kwazulu-Natal, the town of Umdloti north of Durban experienced in particular catastrophic damage to residential property. It so happens that there was a large residential estate being developed in the immediate vicinity of where...
WHO OWNS A DRAWING? The scenario is a common one: an investor has an opportunity to develop a block of flats. An Architect is appointed to design the layout of the flats, who proceeds to issue drawings of the flats to the investor. The investor pays the Architect for...
The below scenario relates to the construction of a residential property. The facts are as follows: The Contractor and the Client entered into a JBCC Minor Works (edition 5.1) form of contract (the Contract) in 2016. During the course of the works, the date for...
Consider the not-so-uncommon scenario: A developer appoints Company A as a contractor on its construction project. Company A then proceeds to sub-contract Company B to undertake all of the work it, Company A, was appointed to do. An employee of Company B is...
During the recent floods experienced in Kwazulu-Natal, the town of Umdloti north of Durban experienced in particular catastrophic damage to residential property. It so happens that there was a large residential estate being developed in the immediate vicinity of where...
The sub-contracting of works on a construction site has become far more the norm than the exception. However, far too often the issue of insurance cover as it pertains to sub-contractors remains largely misunderstood or based on incorrect information. Specifically,...
In a world equally exposed to risk and driven by profit, there is invariably a tension that exists between Insurer and Insured, which arises from the inherent conflict of interest between the two: in the event of a claim, it is typically in the best interest of the...
A contractor’s (or builder’s) lien is a powerful mechanism available to a contractor to enforce specific performance by the employer; ie. payment. The lien may be in respect of either works done in terms of a contract or improvements to property that has the effect of...