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CONSTRUCTION WORLD
JANUARY
2017
6
MARKET PLACE
In addition to market pressures, there
is likely to be increased demand for
trained adjudicators as a result of the
implementation of the Construction
Industry Development Board’s (cidb)
proposed Prompt Payment Regulations
and Adjudication Standard for contracts.
It introduces a mandatory form of
adjudication for the construction industry.
Massey says that adjudication has
been implemented by the South African
construction industry as the preferred
dispute resolution procedure. “MDA
Consulting recently analysed the
adjudications in its firm and found that
most disputes handled were between
contractors and employers. This may be
because subcontractors and contractors
tend to resolve disputes without reference
to formal dispute resolution mechanisms,”
he says.
The ability to meet the anticipated rise in
construction adjudication relies on having
competent and qualified adjudicators to
rule on disputes in the construction sector.
MDA Consulting director Vaughan Hattingh,
together with Professor Maritz (head of the
department of Construction Economics at
the University of Pretoria) has designed,
developed and facilitated the Certificate
Programme in Construction Adjudication
presented by Enterprises at the University
of Pretoria. This certificate programme,
going into its fifth year, produces skilled
qualified adjudicators into the South African
construction industry.
Bryan Westcott, a construction manager
and practicing adjudicator who completed
the course, says that the programme is
specifically designed for both construction
and legal professionals who have
experience in the construction industry.
“The course gave me valuable insight into
how lawyers think, which has stood me in
good stead as a mediator and adjudicator.
The class interaction and debates were
brilliant, as we had highly experienced
lecturers and a group of students who were
a mix of legal professionals and construction
experts,” he says.
The course covers:
• an introduction to South African law and
legal theory
• construction practice and technology
• South African and international
construction law - principles and
application – including an in-depth
study of the four CIDB endorsed standard
More
ARBITRATIONS
and
ADJUDICATIONS
in SA
Arbitrations and adjudications are on the rise in the construction
industry as companies face headwinds in the domestic market,
according to Euan Massey, director at MDA Consulting.
Euan Massey, director at MDA Consulting.
MDA Consulting is a specialist
commercial advisory practice supporting
the engineering, energy, petrochemical
and infrastructure sectors. It is South
Africa’s leading adjudication consultancy
and also offers a suite of services
including legal advice, commercial
support and contract drafting.
form construction contracts
• construction claims and disputes
• dispute resolution and adjudication
procedure and practice
Oryx Properties has a premier-quality retail, industrial
and office real-estate portfolio valued at about R2,326-
billion which generates a dependable, sustainable and
growing income stream for investors. These include
the major Namibian shopping centre Maerua Mall
and office block in Windhoek, plus several industrial
properties in South Africa.
Fourie, a chartered accountant, brings to his new
New CEO for listed Namibian company
Oryx Properties Limited, the only Namibian
property company listed on the Namibian
Stock Exchange, has announced the appoint-
ment of Carel Fourie as its new chief exec-
utive officer with effect from 1 March 2017.
position extensive experience in both Oryx Properties
itself and the real-estate industry in general.
He was appointed chief financial officer for Oryx
Properties in 2011. In 2014 he took up the position
of chief operating officer with the responsibility of
participating in the development of the company’s
investment strategy as well as evolving a
management structure for the property portfolio.
Francois Uys, the chairman of the board of Oryx
Properties, congratulated Fourie on his appointment,
and added, “Oryx is well structured with suitably
qualified and experienced staff which gives the board
confidence that this is the right way forward. We’re
completely confident that Fourie is more than
capable of taking on his new responsibilities.”
The programme is presented in monthly
modules over a year. Applications are
being accepted for 2017.