|
LOW VALUE DISPUTE RESOLUTION (LVDR)
As you are aware CAASA has published a Low Value Dispute Adjudication model for use in the SA construction industry. We see the rules providing access to a large part of the SA construction industry to an inexpensive and efficient dispute resolution process which was denied before. The SA construction industry has a need for such a process given that:
- The industry is required to transform - meaning more smaller less sophisticated contractors with smaller contract values.
- 30% of the value of government contracts must be subcontracted to SMME’s.
- there are numerous small companies who undertake contracts at a local or provincial level who simply get bullied out of an entitlement.
- We need to get back to the true purpose of adjudication – the quick resolution of a current dispute which allows the cash to flow as appropriate. Cash flow is vital for these smaller companies to be sustainable and grow.
- Neither the Association of Arbitrators or SAICE have such rules, nor do they currently have an appetite for dealing with low value disputes.
- Our biggest challenge will be to educate the industry - employers, contractors and subcontractors – of the benefit of this approach.
Members are encouraged to make use of the Rules where possible.
|
|
|
TRAINING & MENTORING
Given the challenge of finding both topics and speakers for our monthly webinars we have taken the decision to run these only every second month for the moment.
The webinar on Friday 2nd February deals with the challenges of constructing an airport on the island of St. Helena, the second most remote island in the world.
Again we encourage you as the members to provide topics for our webinars and even to present on any matter or issue which you believe relevant.
Should you wish to attend, please register via the CAASA website.
|
|
|
RECENT COURT CASES
Prescription is often raised as a defence against a claim. The vexed question being “when does prescription start running?” The Supreme Court, in the case listed below discusses the minimum facts necessary for prescription to start running.
Stemmet and Another v Mokhethi and Another (681/2022) [2023] ZASCA 127
Any comments, suggestions or proposals please forward to secretary@adjudicators.co.za
|
|
|
|
|
|