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...
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Duty of care owed by the contractor to the public & the principle of reasonableness.
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...
Keep it covered: are any parties obliged to insure the sub-contractor’s work?
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,...
A Standard Act: Insurer’s Repudiation Due to Non-Compliance with SANS-10400
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...