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MARKETPLACE
Based in Cape Town, the company serves the South African
and greater African construction industries with a strong
presence in multiple markets. When asked what separated
Brown and Associates from other construction dispute resolu-
tion firms, he responded:
“We believe that construction disputes are best resolved by expe-
rienced construction professionals. The key attribute which enables
a dispute resolver to effectively address construction disputes is a
thorough and detailed knowledge and understanding of construction
principles and practices. These are not things learned overnight. Ours
is a complex industry and it takes years of dedicated service to gain a
comprehensive level of expertise that ensures the insights required to
efficiently address construction disputes. Our dispute resolvers have the
necessary construction experience and legal expertise.”
Most industry participants are aware of the proposed amendments
to the Construction Industry Development Board Act which will intro-
duce prompt payment legislation and a Statutory Adjudication process
into the South African market.
“Internationally there has been a very strong focus on construc-
tion dispute resolution over the past two decades. In several markets
statutory adjudication has proven remarkably effective as a fast track
process specifically designed to address construction disputes. Those
who understand the process and are familiar with its implementation
as a statutory practice in several jurisdictions, have little doubt as
to the enormous benefits the process will bring to the South African
market. Brown and Associates has extensive expertise and capabilities
in adjudication and we are undoubtedly a market leader in delivering a
wide-ranging service related to the process,” says Brown.
It is clear that the introduction of a statutory adjudication process
in South Africa will revolutionise the construction dispute resolution
field as it has done in every market in which it has been implemented,
including, the United Kingdom, Australia, Singapore and Malaysia.
There are concerns that the process has a negative impact on less judi-
cious dispute resolution methods, such as mediation.
“We understand the concerns in this regard, but our extensive
research has clearly demonstrated that statutory adjudication has
in fact caused a notable increase in mediation applied to address
construction disputes. This results from the time limit imposed by the
Adjudication process. Once parties realise that there is a specified time
for dealing with a dispute, they are far more likely to seek the least
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NEW ENERGY
to construction
DISPUTE RESOLUTION
Brown and Associates is bringing a new
energy to the construction dispute resolution
field. We spoke to founder and managing
director Terry Brown about what his company
is doing differently.
Employees participated in educational outreach activities, recog-
nition events and the popular Friendly Competition. Learners from
Ivory Park High School, Kwena Molapo High School and Mitzvah
School were invited to take part in the Friendly Competition at the Fluor
office in Woodmead.
“This year’s Friendly Competition design was derived from The Banaue
Rice Terraces (referred to as The EighthWonder of theWorld),” saidMohamed
Zahir Tootla, Fluor process engineer.
The Banaue Rice Terraces were carved into the Philippine mountains
of Cordillera Northern Island of Luzon archipelago. Currently, The Banaue
faces problems such as erosion and drought.
Friendly Competition teams were tasked with irrigating the multi-layer
terraces. Teams constructed a terrace irrigation model with different levels
of basin to catch and transport water. The objective was to successfully irri-
gate each level of the terraces by means of overflowing water to each level.
CELEBRATING ENGINEERING EXCELLENCE
Fluor South Africa recently participated in
Engineers Week 2016, an annual week-long global
event that celebrates engineering excellence.
The winning team, from left: Mohamed Zahir Tootla (Fluor), Robert
Chauke (Ivory Park High School), Khoza Dolly, Machele Thabo, Matlala
Nepo and Sihlangu Asanda,Terrence Lamola (Ivory Park High School)
and Pieter Venter (Fluor).
About Fluor Corporation
Fluor Corporation is a global engineering, procurement, fabrication, construction
and maintenance company that designs, builds and maintains capital-efficient
facilities for its clients on six continents. For more than a century, Fluor has
served clients by delivering innovative and integrated solutions for our clients in
the energy, chemicals, government, industrial, infrastructure, mining and metals,
and power market sectors. With headquarters in Irving, Texas, Fluor ranks 136 on
the
FORTUNE 500
list with revenue of USD18,1-billion in 2015 and has 59 000
employees worldwide.
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The teams were scored on materials used, construction time, installation
time, testing time and efficiency of the irrigation model.
A winning model was required to move four styrofoam balls from their
designated levels by means of overflowing it with water.
Fluor engineers competed with three groups of eight learners. The
winning teamwas Ivory Park High School 1 and Fluor’s Botelus Edulus team.
As part of the outreach efforts, Fluor engineers visited three local
Fluor-supported high schools.“The purpose of the visits was to raise aware-
ness of engineering contributions to society and to introduce engineering
career opportunities to mathematics and science students,” added Tootla.
Education, particularly the disciplines of science, technology, engineering
and math (STEM), is a foundational component of success in the 21
st
century
and crucial for society’s ability to innovate and solve problems.
“Engineers working at Fluor turn ideas into reality, improve people’s lives
and apply science to practical problems,” concluded Pieter Venter, Fluor’s
engineering manager.
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CONSTRUCTION WORLD
MAY
2016