Tiefenthaler Attorneys Inc.

We are the largest and most experienced law firm in South Africa operating exclusively in the field of construction, mining and engineering law. #Tiefenthaler

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

The construction and engineering industry is fraught with complex legal issues, but you don't have to navigate them alone. With over 25 years of experience in South African #Construction and #EngineeringLaw, #Tiefenthaler has resolved thousands of issues for our clients.

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

Force Majeure clauses have two advantages, they create a contractual regime by which events such as these may be regulated and, stipulating definitively what the consequences of such events are, as well as the parties’ rights in regard thereto. Read more: https://t.co/pcOcDv5jjc

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

Striking, looting & rioting recently experienced in KZN & parts of GP was due to no fault of the parties to various construction contracts & can be categorised as what is termed a “Force Majeure” event, for which provision is made in most standard forms of construction contracts.

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

We would like to congratulate our partner, Martin for his admission as a lawyer in the Supreme Court of NSW, Australia. Martin is an admitted attorney, a fellow member of the Association of Arbitrators and a member of the Association of South African Quantity Surveyors.

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

It is therefore advisable that parties wishing to cancel their construction contracts seek legal advice prior to effecting a cancellation thereof, therein mitigating the risk of an unlawful cancellation and a possible claim for damages.

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

Most construction contracts provide express provisions regulating the circumstances upon which either party may terminate the contract. However, what constitutes a breach of contract is essentially a question of fact. Read more: https://t.co/VgybJqZ9R8

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

Cancellation is an extraordinary measure taken by the innocent party against another, which has serious consequences and potential risks.

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

The court ruled that the employer did not substantially prove its allegations. The court said the contractor was entitled to cancel the contract. Two important points: 1) always adhere to the contract and 2) be prepared to substantially justify claims of repudiation.

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

What if an employer terminates a construction contract based on a claim that a building contractor repudiated the contract? What if the employer itself was in breach of the contract at the same time by refusing to pay the contractor? Read more: https://t.co/n9L4z270XU

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

The MSC Depots v WK Construction matter dealt with this issue. The court said the contractor had not repudiated the contract but rather the employer was in breach because it did not pay the contractor per the principal agent’s recommendation.

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

Trusted legal advice is among on of the factors that can lead to a successful project. Whether you need help settling disputes, drawing up contracts or advice on navigating the #Construction and #Engineering industries, #Tiefenthaler is here to help.

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

The Supreme Court of Appeal recently dealt with the question of whether an external company, that is a foreign company with a local branch doing business in South Africa, can enter business rescue protection.

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

We offer specialised construction, engineering and mining #LegalAdvice, support and #DisputeResolution services.

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

Did you know: #Tiefenthaler is the largest and most experienced law firm in South Africa operating exclusively in the field of #construction, #mining and #engineering law.

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

Parties to a contract who agree on dispute resolution mechanisms must ensure compliance with and give effect to adjudicator’s decisions (or arbitral awards) as well as the stipulated procedural requirements set out in the contract.

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

The Supreme Court of Appeal recently confirmed that an aggrieved party to a construction contract cannot simply refuse to adhere to an #adjudicator’s decision on the basis that it considers it to be invalid.

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

@EFootballAgent Hi @EFootballAgent, kindly check your DMs.

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

Can #VAT be levied on penalties in a construction contract? Here’s what #Tiefenthaler has to say about it: https://t.co/2eXMAIjKM2

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

@EFootballAgent Hi @EFootballAgent

Please contact our office at [phone] for further assistance.

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

@EFootballAgent The calculation of penalties in a construction contract is calculated and payable specific to the terms of the construction contract. There is no set formula applicable to all contracts. We propose that you contact our office to arrange a consultation for more assistance.

[Tiefenthaler Attorneys Inc. @Tiefenthaler_]

Can VAT be levied on penalties in a construction contract? #ConstructionLaw #Tiefenthaler