Greetings
Can you believe we are already at the end of May 2021? It has certainly been a busy year so far with many disputes and adjudications arising from familiar issues – payments, certifications, releases of retention and penalties.
We have also seen an increase in the number of adjudication awards being subjected to High Court enforcement proceedings in an attempt to force compliance by the losing party. Applications for adjudicator’s determinations, or parts of them, to be declared unenforceable on the grounds of an adjudicator exceeding his or her jurisdiction have also been seen. Applicants have been successful in this regard. Parties to an adjudication are advised to pay careful attention to jurisdictional issues and make sure the adjudicator has a proper mandate at the beginning of proceedings. Meticulous attention to detail is required when first referring a matter to adjudication.
BorCon has relocated its primary office to Ballito, KZN and is currently rebranding itself. Look out for our new look! We are now servicing the needs of construction stakeholders focusing on the immediate area and Kwa Zulu Natal.
It is refreshing to see a continuation of construction activity on the bustling KZN North Coast. Due to the expansion of our national footprint, and the increase in activity, Tavia Boertje has also joined the office to take care of the company’s administrative functions. You may have seen a more active Linked In profile as a result of this!
Don’t forget to register for the highly informative and well-priced JBCC® and MBSA® online training courses that are presented by Brad and hosted by the MBA-North. Bookings can be made through the MBA-North. The MBSA Domestic subcontract agreement course is coming up in June / July 2021.
Keep safe and let’s hope COVID-19 doesn’t play any further part in disrupting construction activities in an already battered market.
BorCon looks forward to being of service to you and your clients going forward.
Your commercial and contractual partner of choice
Brad Boertje