Construction and Engineering disputes are often complex. The complexity arises not only from intricate contractual terms and relationships, but also sophisticated technical facts, all of which must be understood and analysed.
These matters often involve large volumes of documentation to be assessed in order to develop a comprehensive and accurate factual matrix for evaluation.
Disputes in the Construction and Engineering fields may be handled through the conventional litigation processes, but are often the subject of arbitration agreements. Parties to construction agreements usually anticipate that disputes arising from a construction contract would be significant and therefore provide for the use of alternative dispute resolution procedures such as arbitration, mediation or adjudication. This allows a party to state its case to a presiding officer with suitable technical expertise.
We are uniquely placed to provide clients with professional service in this regard and have assisted clients during a number of matters subject to Alternative Dispute Resolution proceedings.
Our exposure includes:
- Obtaining an adjudication award in favour of a construction company for damages and unpaid fees owed to it upon termination, which amounted to R18 million;
- Obtaining an adjudication award in favour of a construction company which confirmed the validity of its termination of the construction contract;