Establishing a Force Majeure under clause 19.1(iii) of SANRAL FIDIC- Enforcing the Interdict

Contractors are well aware by now, that in order to be granted relief under Clause 19.1 (iii) of SANRAL FIDIC, a Contractor must satisfy five additional obligations in order to establish that a riot, commotion, disorder, strike or lockout, not caused by the contractor’s employees as a force majeure “event” in terms on the conditions of contract. The additional obligations are the following

Implementation of dispute boards on construction contracts

Historically, construction disputes have been resolved via litigation. In more recent times, public sector contracts usually included litigation as the means of settling disputes whereas private sector contracts employed arbitration.

Understanding the use of public private partnerships (PPPs) for infrastructure projects in Africa

A PPP is a long terms asset or service delivery agreement established between the public and private sector with the aim of achieving economic development by taking advantage of the private sectors qualifications as well as its capital

Why are construction contracts so unique when it comes to recoveries

Construction contracts are often of large value and could entail complex works with detailed specifications. Whilst generally based on standard form contracts we often tend to find extensive modifications in the form of particular conditions.