 Adverse Conditions Probed
Civil Engineering Contractor
June 2008
Editor: David Poggiolini
Author: Ian Massey
Ian Massey discusses the intricacies of adverse physical conditions in light of an upsurge as a result of work starting on new projects.
‘Acts of God’ studied
Civil Engineering Contractor
April 2008
Editor: David Poggiolini
Author: Ian Massey
Claiming extensions as a result of force majeure is not as simple as the contractor would expect, write Ian Massey.
Risk management for contracts
Civil Engineering
January 2008
Editor: Sarie Moolmon
Author: Ian Massey
I was once asked the following simple question: Why do we need contracts?
An improved JBCC Conctract?
Civil Engineering Contractor
February 2008
Editor: David Poggiolini
Author: Ian Massey
Historically there has generally been a clear division between builders and building work and civil engineers and civil construction contracts and this has been reflected in the contract documentation applied to these two distinct types of contract. There has therefore been little interest or indeed any need for civil engineers to worry about the contracts builders may or may not choose to use. This situation has however changed probably as a result, it is suggested, of the Construction Industry Development Board (CIDB) recommendations, and we now find what are, at first sight, civil construction contracts governed by what have always been traditionally building contract forms.
Clever contracts for coal
SA Mining
November 2007
By Laura Cornish
The mining industry is being stretched to its limit as demand exceeds supply for products. This scenario, coupled with the current shortage of project resources in this country, is leading to greater opportunities for construction contract specialists, MDA Consulting, whose primary aim is to help to identify potential risk areas in project conception stage, and to implement effective strategies for dealing with such risk. Director, Euan Massey, talks to Laura Cornish about one of the company’s latest assignments revealing the pros and the company’s service offerings.
Lack of mining resources forces contractual evolution
Mining Weekly
16 November 2007
Features writer: Gerrit Bezuidenhout
Independent legal consulting company MDA Consulting is assisting mining houses with capital project consulting and dispute and claim management, as well as training in legal subjects.
African legislation still hinders foreign investment
Mining Weekly
9 - 15 November 2007
Features writer - Esmarie Swanepoel
In October, Mining Weekly reported the resource-rich Zambia plans to raise the mineral royalty to 3%, from 0,6%. Zambia Chamber of Mines executive director Fred Bantubonse said plans to increase the mineral royalty and corporate tax to 35% from 30% might affect fresh investments from bigger global players in the copper industry, if it was not carefully handled.
Disruption claims - identification and quantification
Civil Engineering Contractor
October 2007
Author: Ian Massey
All contracts suffer some form of disruption at some time. Ian Massey provides assistance with issues surrounding identification and quantification of disruption claims.
Quantificaiton of extension of time
Civil Engineering Contractor
August 2007
Author: Ian Massey
In this, the Twelfth in the series of articles contributed by MDA Consulting (Pty) Ltd, Ian Massey discusses the sometimes thorny issue of determining the extension of time to which a contractor may be entitled including the question of Concurrency of Delays.
Managing change is key to construction project quality control
Mining Weekly
18 May 2007
Author: Neal Goldwyer
Given South Africa’s current skills drain, construction materials shortages and rising global commodity prices, contractors and employers can ill afford to allow delay, cost and quality problems to escalate by ignoring the procedures outlines in their project contracts. “One of the biggest challenges in the mining and construction industries is how to manage change,” says MDA Consulting’s director Euan Massey.
Head Office overheads
Civil Engineering Contractor
May 2007
Author: Ian Massey
One of the victims of modern contract drafting and, perhaps of the recession that our industry has been suffering for the last two decades, are head office overheads invariable allowed by contractors as a part of their percentage mark up on their pricing.
Secondary causes of delay
Civil Engineering Contractor
February 2007
Author: Ian Massey
Previously in this column, we have had a general discussion of the primary causes of dealy and disruption.
Claim management
Civil Engineering Contractor
December 2006
Author: Ian Massey
In this, the eighth in the series of articles contributed by MDA Consulting (Pty) Ltd, Ian Massey discusses an actual claim situation to illustrate how risks manifest themselves and are dealt with in practice.
Construction contracts becoming increasingly complex
Mining Weekly
17 - 23 November 2006
In “Constructing the Team” Sir Michael Latham poignantly stated a truism particularly relevant to the construction process in the mining industry as we are experiencing it today. “No construction project is risk free. Risk can be managed, minimised, shared, transferred or accepted. It cannot be ignored...,” he writes.
Disruption claims
Civil Engineering Contractor
October 2006
Author: Vaughan Hattingh
In this, the seventh in the series of articles contributed by MDA Consulting talks about one of the most common risks encountered on any construction contract but the one for which contractors in general have no means of recovering the effects of such, this being disruption.
Current trends in capital procurment change on the horizon?
Mining Mirror
October 2006
Author: Euan Massey
In recent years, the African mining industry has undergone a series of radical changes. Africa is the frontier of international mining. It is unique in its mineral wealth and the risk it presents to those brave enough to operate in Africa. From the deepest shafts in the world, to HIV/AIDS, to the largest platinum deposits on earth, to severe corruption – Africa has it all!
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