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Within Reason – A Contractor’s Duty of Care.

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 the Rights to a Drawing.

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...

CONSEQUENCES ARISING FROM TERMINATION OF A CONTRACT AFTER PRACTICAL COMPLETION (JBCC MINOR WORKS)

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...