Clauses permitting a builder to a charge over the property for unpaid fees, and to lodge a caveat to protect the charge has become commonplace in relation to building contracts. However, it is important to bear in mind that the wording of charging clauses needs to be...
Express clauses terminating a contract without cause – also referred to as ‘termination for convenience’ or ‘termination at will’ clauses – have increasingly become a feature within construction contracts. Although gaining in popularity, the validity and operation of...
Arbitration is one of the most commonly used forms of alternative dispute resolution (ADR) within the construction industry, and trying to strike a balance between procedural fairness and finality can impose a number of challenges when relying on a third party to make...
A building covenant is restrictive covenant and strictly defined a restrictive covenant is a provision in a deed limiting the use of the property and prohibiting certain uses. 1The term is also used to describe a promise contained in any contract or agreement relating...
What is an Instalment Contract? An “Instalment Contract” is a contract for sale of land in terms of which the Buyer is bound to make payment or payments (other than a deposit) without becoming entitled to receive a conveyance in exchange for the payment or payments.1...
