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Thread: Construction Law

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    Diamond Member Vanash Naick's Avatar
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    Construction Law

    Construction Law(building contracts)

    Construction law in South Africa is simply the law regulating building contracts. All building contracts belong to a category known as locatio conductio operis faciendi,. A building contract is therefore an agreement between a contractor(conductor) and the employer(locator), who have intention to enter into agreement with each other to create a legal obligation which comply with the requirements for the formation a lawful contract.

    The parties manifest as the contractor, the employer, the architect, diverse technical consultants and tenders.

    In practice, construction law manifest in the following contracts:

    Contract for small building works without an architect, subcontract for nominated subcontractors, subcontract for non-nominated subcontractors, labour only subcontract, contract for works incidental to construction, contract for the clearance of a site and its preparation for receiving new buildings, contract for the sale of buildings to be demolished by the purchaser and the site cleared, contract for underpinning of adjoining premises by building owner, architectural competitions, advertisement inviting submission of designs for erection of building, advertisement inviting entries for competition in connection with erection of a building, invitation to participate in a competition in connection with erection of a building, Letter from architect confirming his appointment and stating terms of remuneration, professional services contract, subcontract for labour only engineering and construction works, contract for the supply and delivery of goods, joint Venture Agreement, and adjudicator’s contract.
    Last edited by Vanash Naick; 16-May-19 at 02:35 PM.
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