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Developments in construction contracts and construction law in South Africa over the past 15-years and a consideration of what the future may hold

Talk given by Euan Massey, Director MDA Consulting (Pty) Limited, at the annual MDA Collective Wisdom lecture, Glenhove Conference Centre, Johannesburg, South Africa – 25 August 2016

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What is the South African Law of Construction Adjudication? Will the courts give effect to adjudicator decisions?

Like many other jurisdictions, the practice of adjudication in SA (although not initially referred to as adjudication) predates the release of the Latham report and the NEC second edition.

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Fundamental Principles in Adjudication Practice – The Adjudicator’s Jurisdiction

The limits of an adjudicator’s jurisdiction – An analysis of the adjudicator’s power and duty to consider the limits of their jurisdiction, what defines such limits and the consequences of failing to define and observe such limits.

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The evolution of Adjudication in South African Constitution practice: A Historical Perspective.

In order to fully appreciate the dispute resolution techniques and practices currently employed through the South African construction industry in managing construction disputes this paper examines the dispute management mechanisms typically incorporated by contracting parties (in both the public and private sector) into construction contracts predominantly employed to regulate execution of construction works in the South African construction industry.

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Some Pitfalls for Adjudicators to avoid

A paper presented to the Society of Construction Law and Charted Institute of Arbitrators Conference in Derby on 24th September 2010 by HH Judge David Grant.

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