Construction law & built-environment law

Due to the results our firm has obtained over the years, CDV Attorneys has established a substantial portfolio of clients who require specialised advice regarding construction and built-environment law in all its elements, including concepts such as indivisibility, tripartite relationships, public private partnership development and condition precedent compliance.

We have successfully reviewed contract work in respect of non-responsive tenders with a recent success including a review of a tender valued at some R100 million. We are experienced in opposing review proceedings and – pursuant to opposing review proceedings – have recently assisted a client in securing a road construction project with a contract value in excess of R400 million.

On a monthly basis and in a cost effective manner we obtain judgements for substantial amounts in respect of outstanding payment certificates due to our clients from both public and private partnerships. CDV Attorneys works closely with a team of engineers as well as built-environment consultants to ensure that all avenues of any dispute are considered in our legal strategy, including claim computation and performance assessment, as well as expert involvement.

OUR EXPERTISE

CDV Attorneys has expertise in Construction & Built-Environment Law in the following areas:

  • Advice and opinion regarding the following contracts:
    • The various editions of Joint Building Contract Committee (JBCC);
    • The various editions of the General Conditions of Contract (GCC); and
    • The NEC3 and NEC4 suite of documents.
  • Attendance to launch review proceedings in respect of non-responsive and/or unlawful tenders.
  • Attendance to adjudication and arbitration proceedings in accordance with the applicable construction contracts.
  • Institution of legal proceedings in respect of outstanding payment certificates.
  • Instituting dispute resolution process in terms of the applicable contracts including:
    • Referral to adjudication/arbitration proceedings;
    • Drafting statement of case/statement of defence;
    • Attendance to make adjudication award an order of court; and
    • Attendance to arbitration proceedings.
  • Advice and opinion regarding the following legislation and regulations in a construction law matrix:
    • The Public Finance Management Act 1, 1999 (PFMA);
    • The Preferential Procurement Policy Framework Act 5, 2000 (PPPFA);
    • The Promotion of Administration of Justice Act 3, 2000 (PAJA);
    • The Promotion of Access to Information Act 2, 2000 (PAIA); and
    • The Construction Industry Development Board Regulation and Practice.

Meet with our construction law team.

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