Fairness and the FIDIC Silver Book

The FIDIC General Conditions of Contract, contained in the Silver Book version, requires the Employer to act in the “traditional” role of the Engineer. The purpose of this article is to examine the Employer’s power to make determinations in respect of the Contractor’s claims in terms of Clause 3.5 of the Silver Book Contract, and …

Defective works and succeeding contractor’s liability.

When a contractor is replaced by a new contractor it is of the utmost importance that the succeeding (new) contractor must understand the provisions of his/her appointment agreement, as well as the liabilities imposed in terms of the agreement. Depending on the intention of the parties to the contract, the contractor’s liability regarding defective works …

Contract Law – Our Courts’ approach to exemption clauses and the potential impact of the Consumer Protection Act thereon

Introduction: 1. Exemption clauses are provisions in a contract in terms of which a party is protected from certain claims in respect of damages, loss, negligence, non-performance etc. An example of an exemption clause is the following: “The buyer shall not have or acquire any claim against the seller, nor shall the seller be liable in …

Contract Law – Suspensive Conditions – Fulfullment or Waiver?

In the recent matter of Aeterno Investments 216 (Pty) Ltd v Ramashala 2011 JDR 0657 (GNP), the applicant succeeded with an application for an order declaring an agreement of sale of immovable property to be valid and binding in circumstances where the respondent alleged that the agreement had lapsed.    A discussion of the judgement follows. …