Cases

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Ekurhuleni West College v Stanley & Trencon Construction (Pty) Ltd

Yet another case confirming that an adjudicator’s decision is enforceable without delay irrespective of whether it has been referred to arbitration.

By Kelly Stannard



for full case transcript.

Sasol Chemical Industries v Odell and another. Case Number 4012014

An unreported judgement of the Free State high Court, Bloemfontein dated 20 February 2014. This matter came before me as an urgent application on 17 February 2014. The reason applicant went to court is that the first respondent, who was appointed as adjudicator in respect of disputes arising from the contract between the applicant …

[pdfviewer width="600px" height="849px" beta="true/false"]http://www.adjudicators.co.za/wp-content/uploads/2014/05/Sasol-Chemical-Industries-v-Odell-and-another.-Case-Number-4012014.An-unreported-judgement-of-the-Free-State-high-Court-Bloemfontein-dated-20-February-2014..pdf[/pdfviewer]

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Stefanutti Stocks (Pty) Ltd v S 8 Property (Pty) Ltd. Case Number 200882013

An unreported judgment of the South Gauteng High Court dated 23 October 2013. Summary: Building agreement – enforceability of adjudicator’s decision by court prior to final arbitration – a decision which is binding on the parties who shall tie effect thereto without delay unless and until it is revised, requires immediate implementation thereof.

[pdfviewer width="600px" height="849px" beta="true/false"]http://www.adjudicators.co.za/wp-content/uploads/2014/05/Stefanutti-Stocks-Pty-Ltd-v-S-8-Property-Pty-Ltd.-Case-Number-200882013.An-unreported-judgment-of-the-South-Gauteng-High-Court-dated-23-October-2013..pdf[/pdfviewer]

for full case transcript.

Eskom Holdings Ltd v CMC Mavundla Impreglio Joint Venture and Another (2014/15608) [2014] ZAGPJHC 248 (30 September 2014) –

The applicant, Eskom Holdings Ltd and the first respondent, which is CMC Mavundla Joint Ventures concluded a main agreement on 16 April 2009 in terms of which he former, an employer engaged in latter as contractor …

[pdfviewer width="600px" height="849px" beta="true/false"]http://www.adjudicators.co.za/wp-content/uploads/2016/03/Eskom-Holdings-Ltd-v-CMC-Mavundla-Impreglio-Joint-Venture-and-Another.pdf[/pdfviewer]

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Freeman NO and Another v Eskom Holdings Limited (43346/09) [2010] ZAGPJHC 29

An application for summary judgment of the South Gauteng High Court dated 23 April 2010. The summons cites Eskom Holdings Limited (“Eskom”) as the defendant, and the first and second applicants as the plaintiffs, sets out two causes of action …

[pdfviewer width="600px" height="849px" beta="true/false"]http://www.adjudicators.co.za/wp-content/uploads/2016/03/Freeman-NO-and-Another-v-Eskom-Holdings-Limited.pdf[/pdfviewer]

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Transnet SOC Limited vs Group Five Construction (Pty) Ltd as 1st Respondent, Trotech Engineering Africa (Pty) Ltd as 2nd Respondent and others. Case no: 7848/2015

This is a dispute about the interpretation of the provisions a NEC3 Building and Construction Contract, concluded between the applicant (as the employer) and a joint venture between the first and second respondents (as the contractor), concerning the appointment of an adjudicator.

[pdfviewer width="600px" height="849px" beta="true/false"]http://www.adjudicators.co.za/wp-content/uploads/2016/03/Transnet-v-Group-5-2016-Adjudication-Case.pdf[/pdfviewer]

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Tubular Holdings (Pty) Ltd and DBT Technologies (Pty) Ltd Case Number 067572013

An unreported judgment of the South Gauteng High Court dated 03 May 2013

The respondent is the main subcontractor to one of the main contractors to Eskom on the Kusile Project. Part of this subcontracted project was in turn subcontracted by the respondent to the applicant.

[pdfviewer width="600px" height="849px" beta="true/false"]http://www.adjudicators.co.za/wp-content/uploads/2014/05/Tubular-Holdings-Pty-Ltd-and-DBT-Technologies-Pty-Ltd-Case-Number-067572013.An-unreported-judgment-of-the-South-Gauteng-High-Court-dated-03-May-2013..pdf[/pdfviewer]

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Thyssenkrupp PDNA Engineering Pty Ltd v Flour SA Pty Ltd and another. Case Number 024192013

An unreported judgment of the South Gauteng High Court dated 19 July 2013

The matter involved disputes which have arisen under a construction sub-contract (“the contract”) concluded between ThyssenKrupp PDNA Engineering (Pty) Limited (“”ThyssenKrupp) as “employer” and Fluor SA (Pty) Limited (“Fluor”) as “”contractor.

[pdfviewer width="600px" height="849px" beta="true/false"]http://www.adjudicators.co.za/wp-content/uploads/2014/05/Thyssenkrupp-PDNA-Engineering-Pty-Ltd-v-Flour-SA-Pty-Ltd-and-another.-Case-Number-024192013.-An-unreported-judgment-of-the-South-Gauteng-High-Court-dated-19-July-2013..pdf[/pdfviewer]

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Stefanutti Stocks (Pty) Ltd v S 8 Property (Pty) Ltd. Case Number 200882013

An unreported judgment of the South Gauteng High Court dated 23 October 2013

Summary:

Building agreement - enforceability of adjudicator’s decision by court prior to final arbitration - a decision which is binding on the parties who shall tie effect thereto without delay unless and until it is revised, requires immediate implementation thereof. Accounts between the parties may be revised by future dispute resolution procedures which have no affect on the interim enforcement of the adjudicator’s decision - The agreement and the rules of adjudication allow for enforcement of the adjudicator’s decision as a contractual obligation by court.

Judgement:

The applicant seeks an order compelling the respondent to comply with its obligations in terms of building agreement. The affect of the order will be one for specific performance by the respondent by paying amounts determined by an adjudicator to be due and payable to the applicant.

[pdfviewer width="600px" height="849px" beta="true/false"]http://www.adjudicators.co.za/wp-content/uploads/2014/05/Stefanutti-Stocks-Pty-Ltd-v-S-8-Property-Pty-Ltd.-Case-Number-200882013.An-unreported-judgment-of-the-South-Gauteng-High-Court-dated-23-October-2013..pdf[/pdfviewer]

for full case transcript.

Sasol Chemical Industries v Odell and another. Case Number 4012014

An unreported judgement of the Free State high Court, Bloemfontein dated 20 February 2014

This matter came before me as an urgent application on 17 February 2014. The reason why applicant went to court is that the first respondent, who was appointed as adjudicator in respect of disputes arising from the contract between the applicant and the second respondent, E-Hel Civil Services (Pty) Ltd, took the view that it was not within his power to grant the applicant an extension of time for it to lodge its submissions more than four weeks after the referral date, being 17 December 2013.

[pdfviewer width="600px" height="849px" beta="true/false"]http://www.adjudicators.co.za/wp-content/uploads/2014/05/Sasol-Chemical-Industries-v-Odell-and-another.-Case-Number-4012014.An-unreported-judgement-of-the-Free-State-high-Court-Bloemfontein-dated-20-February-2014..pdf[/pdfviewer]

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Radon Projects v N V Properties and Gary Stephen Myburgh [2013] 3 All SA 615 (SCA)

Radon Projects v N V Properties and Gary Stephen Myburgh [2013] 3 All SA 615 (SCA)

Order:

On appeal from Eastern Cape High Court, Grahamstown (Da Silva AJ sitting as court of first instance).

The appeal is upheld with costs. The order of the court below is set aside and substituted with an order dismissing the application with costs. The costs in each case are to include the costs of two counsel where two counsel were employed.

Judgement:

NUGEN JA (LEACH and PILLAY JJA and ERASMUS and SALDULKER AJJA CONCURRING)

Large construction projects provide considerable scope for the disputes of various kinds to arise, both in course of executing the works and after the works have been completed. Most construction contracts make provision for the resolution. The appeal concerns the manner in which disputes are to be resolved under the Principal Building Agreement of the Joint Building Contracts Committee (JBCC) 4thed March 2004.

[pdfviewer width="600px" height="849px" beta="true/false"]http://www.adjudicators.co.za/wp-content/uploads/2014/05/Radon-Projects-v-N-V-Properties-and-Gary-Stephen-Myburgh-2013-3-All-SA-615-SCA..pdf[/pdfviewer]

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Jonroux Builders and Contractors Edms Bpk v Pty Props 16 Edms Bpk. Case Number 6339412

An unreported judgment of the North Gauteng High Court dated 19 November 2012

POTTERILL J,

The plaintiff set the matter down for trial. At the commencement of the trial I was informed that by agreement between the parties only the special plea, excluding paragraph 7.4 of the special plea, is to be argued and decided. I accordingly in terms of rule 33(4) ordered separation of the Special Plea from the other issues before Court.

[pdfviewer width="600px" height="849px" beta="true/false"]http://www.adjudicators.co.za/wp-content/uploads/2014/05/Jonroux-Builders-and-Contractors-Edms-Bpk-v-Pty-Props-16-Edms-Bpk.-Case-Number-6339412.-An-unreported-judgment-of-the-North-Gauteng-High-Court-dated-19-November-2012..pdf[/pdfviewer]

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Esor Africa (Pty) Ltd Franki Africa Pty Ltd JV v Bombela Civils JV. Case Number 127442

An unreported judgment of the South Gauteng High Court dated 12 February 2013

Introduction:

The applicant is a joint venture partnership of contractors who were employed by the respondent to carry out piling and lateral support work on the Gautrain rapid rail link project. The terms of employment in relation to the execution of the work was governed by standard form Conditions of Contrac for Constituition issued by the International Ferderation of Consulting Engineers (First Edition 1999 as amended b the Particular Conditions of Contract agree between the parties).

[pdfviewer width="600px" height="849px" beta="true/false"]http://www.adjudicators.co.za/wp-content/uploads/2014/05/Esor-Africa-Pty-Ltd-Franki-Africa-Pty-Ltd-JV-v-Bombela-Civils-JV.-Case-Number-127442.-An-unreported-judgment-of-the-South-Gauteng-High-Court-dated-12-February-2013..pdf[/pdfviewer]

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Basil Read Pty Ltd v Regent Devco Pty Ltd. Case Number 411089

An unreported decision of the South Gauteng High Court handed down on 09 March 2010

MOKGOATLHENG J

The applicant (as the contractor) seeks an order against the respondent (as the employer) for the payment of the sum of R29 554.97. The cause of action is predicated upon a payment certificate issued by the respondent’s principal agent

[pdfviewer width="600px" height="849px" beta="true/false"]http://www.adjudicators.co.za/wp-content/uploads/2014/05/Basil-Read-Pty-Ltd-v-Regent-Devco-Pty-Ltd.-Case-Number-411089.-An-unreported-decision-of-the-South-Gauteng-High-Court-handed-down-on-09-March-2010..pdf[/pdfviewer]

for full case transcript.