The Hard Hat Professional SA’s Post

Construction Contracts: A Detailed Overview Construction contracts are legally binding agreements between parties involved in the construction project, outlining the obligations, rights, and responsibilities for the execution of the work. The contract ensures that all parties understand the project scope, timelines, costs, risks, and the legal frameworks governing the construction process.

#ConstructionEthics #CareerJourney" https://lnkd.in/esfnzfxG 1. Delving into “Above and Beyond: Ethics and Responsibility in Civil Engineering” has been a profound journey, amplifying my commitment to ethical practices in the dynamic field of construction. 2. Mitchell’s paper underscores the vital role of civil engineers as stewards of public safety, emphasizing the ethical responsibility we bear in shaping the built environment. 3. Personally, this resonates with my experience, having overseen diverse construction projects, where prioritizing safety standards and ethical conduct was non-negotiable. 4. The paper prompts reflection on the moral compass that guides us in decision-making, a compass I’ve steadfastly relied on throughout my 8-year professional journey. 5. As I navigate a career shift to the UK, these insights reinforce my dedication to upholding the highest standards of ethics and responsibility in roles like site supervisor, engineer, agent, manager, ensuring a lasting impact on every project undertaken. #EthicsInEngineering #constructionmanagement #constructionleadership #sitesafety #siteengineering

🏗 What is key to minimising delays, costs, and disputes if the other party breaks the contract? 📝 Understanding repudiation and how to respond... 👇 See below: #constructionlaw #construction #engineering #engineeringlaw #law #repudiation

Hey Construction professionals, In the world of contracts, the term "Privity" plays a crucial role in defining the relationship between parties and their rights to enforce contractual terms. Definition:- Privity of contract refers to the legal relationship that exists between parties to a contract, allowing them to enforce the terms of the contract and sue each other for any breaches. In other words, privity is the connection or mutual understanding between contracting parties that gives them the right to enforce the contract. Enforceability:- a) Common law doctrines limited the right to enforce a contract to only those who were directly involved in its creation or were parties to the contract. This meant that third parties who were not part of the original contract generally couldn't sue to enforce its terms. b) Modern contract law has evolved, and in some jurisdictions, exceptions to the privity rule have been recognized. For example, third-party beneficiaries or those with a sufficiently close relationship to the contract may sometimes be allowed to enforce the contract, even if they are not direct parties. Learnt something new?? Share with your network... Comment down your thoughts and experiences.. #happylearning #contracts #quantitysurveying #engineers

Explore the Intricacies of Construction and Engineering Law with the Mandela Institute - Wits School of Law and LnP Beyond Legal. Join our postgraduate certificate course, starting 18 July 2024. This 16-week course is tailored for project managers, construction professionals, engineers and quantity surveyors, procurement specialists and legal professionals eager to understand and navigate the complex world of construction and engineering contracts. What You'll Learn: Foundations of Construction Law: South African legal principles that govern construction contracts, including contractual obligations and rights. Role and Risks of Stakeholders: Learn about the roles and responsibilities of various stakeholders in construction projects, including contractors, subcontractors, and clients. Standard Forms and Their Applications: Compare and contrast different standard form contracts like JBCC, NEC, and FIDIC, and their practical applications in various sectors like energy, mining and infrastructure. Dispute Resolution: Understand the mechanisms for resolving disputes, including arbitration and litigation, and how to effectively manage these processes. Contract Administration: Gain insights into effective contract management, focusing on claims management, payment clauses, and extensions of time. Industry Trends: Explore contemporary issues and trends in construction law and how to navigate them in practice. Course Features: Online lectures every Thursday from 17:30 - 19:00 via Microsoft Teams, ensuring flexibility and accessibility. Interactive sessions with opportunities for role plays and real-life case studies. Expert guest lecturers specializing in specific topics. Certifications Offered: Certificate of Competence for active participants who also pass the final examination. Certificate of Attendance for those meeting the participation criteria without taking the exam. How to Apply: Secure your spot by registering https://lnkd.in/diE9TcFq

Portugal | Construction & Engineering Law 🚧 Taken from our International Comparative Legal Guide – Construction & Engineering Law 2023, in this article, Lisbon-headquartered PLMJ provided insight into making construction projects, supervising construction contracts and common issues that crop up within them, as well as dispute resolution in the sector. Check out the full chapter here 👉 https://lnkd.in/e3_6E2-A #construction #constructioncontracts #constructiondisputes 

🛠 Engineering & Construction Online Course ⚖ 10 & 11 September 2024 | 12:00 – 15:30 Closing date for registration is 9 September 2024 Who should register? Legal and other professionals, specifically dispute resolution lawyers, looking to improve their knowledge on Construction Law. Project managers or any person tasked with drafting, negotiating and managing contracts on projects, specifically if you are tasked with managing claims and disputes. Employers and contractors who require upskilling on the standard form engineering and construction contracts typically used, specifically those who also want to improve their skills in effective avoidance and/or management of claims and disputes. https://lnkd.in/duFAbpZs

CONSTRUCTION PROFESSIONALS, DOCUMENT EVERYTHING!!!! One thing I have observed while in the legal field is the importance of written correspondence. One of the duties of advocates to their clients is to keep them updated on their case. It is common practice to jot down an email after attending court to update the client on the proceedings. Maybe it is due to the fact that in matters such as those handled in the High Court, correspondences are billed. In addition, the filing system ensures that evidence of the correspondence is well documented and stored. Coming from the construction industry, could it be that we are so focused on the technical aspects of a project that there is a communication breakdown during the subsistence of a project? Case in point, in many construction disputes parties have endless claims as to what ought to have happened in regards to performance of each party. However, despite the various standard contracts providing clear guidelines on correspondence, we often ignore and instead rely on verbal communication, trust and goodwill. Whereas this is ideal in a perfect society, construction is dynamic in nature susceptible to claims that may result to disputes. In Arbitration, it is common to see inadequate evidence due to lack of written communication. This disadvantages parties in trying to prove their case. My advice to construction professionals, document everything; write, share and file those site meetings minutes, formally update client even after a site visit, update all stakeholders on the progress, write that email after the phone call as the contract dictates. The Agency relationship created between us and the client means we owe them a duty of care to handle the project with the utmost professionalism and this includes employing good communication skills. 😊

An interesting decision in the field of professional regulation and what the impact may be on others. In the construction field, it is especially important that you are using properly regulated professionals to prepare your plans and monitor projects! https://lnkd.in/gH7cD8d5

Here a nugget of advice to help parties to construction contracts. Please be aware that if you employ a professional to provide without prejudice correspondence to protect your position, but then you do not maintain that without prejudice position in choosing to continue the correspondence yourself, then this could mean the costs of employing the professional were wasted and your position becomes compromised. So, if you wish to continue the correspondence yourself you should take advice before hand so that you can do so in a way that maintains any protection put in place by the professional. #goldennuggets #constructionclaims #disputeavoidance #disputeresolution