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Alternative Dispute Resolution

The property environment is a high-risk, very sensitive environment with many professionals and technical expertise required on various levels.

Disputes in the Property and Construction Industries are dealt within the National Building Regulations (SANS 10400) or Ordinance of a Local Municipality, Town Planning Scheme, Sectional Title Act, Home Owner Association Rules & Regulations, etc.

The most neglected field in the Construction Industry is the clear definition and implementation of contractual prerequisites. A clear contract with efficient mechanisms to negate arbitration with mechanisms to resolve potential differences or disputes timeously is critical in ensuring a successful project

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Disputes are financially and emotionally expensive. Alternative dispute resolution is a more cost-efficient alternative to prevent the costly end route of arbitration.

With this approach, a project can easily be recreated and adjusted to accommodate changes assisting in depicting where the project has suffered and to take the process successfully further.

 

A strong legal component provides for the assurance that all parties are protected.

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Reasons for Disputes
  • COMMUNICATION:

    • Timeous issuing of Site Instruction (SI),

    • Delay’s in issuing and receiving Requests for Information (RFIs),

    • General day to day communication between the professionals, clients and contractors.

  • CONTRACT MANAGEMENT

    • Poor Implementation

    • Incorrect type of contract

    • Impulsive signing of contract

  • BUILDING PLANS:

    • Non-updated Plans – (Change of project leads to change of construction drawings)

    • Scope change

    • Incomplete plans

    • Lack of technical drawings

    • Non-Approved - and construction plans

  • BILL OF QUANTITIES:

    • Under quoting on project

    • Over expenditure

    • Scope change

  • QUALITY OF WORK:

    • Lack of workmanship

    • Project changes

    • Bad weather circumstances

    • Incorrect product specification

The Studio Practice Team can Help And Assist YOU:

  • Home Owners Association vs Developer

  • Home Owners  vs Managing Agent

  • Home Owner vs Home Owner

  • Home Owner vs Local Authority

  • Home Owner vs Home Owners Association

  • Home Owner vs Architect/ Principle Agent

  • Architect vs Home Owner/ Developer

  • Home Owner vs Building Contractor/ Sub-Contractor

  • Building Contractor vs Home Owner