Contracting Support

MBA North has identified a need to assist members and the industry with Commercial Contract disputes and partnered with Borcon PTY Ltd  led by Mr. Brad Boertje, a commercial specialist, adjudicator and arbitrator with 25 years’ experience in the Construction Industry. There is therefore no need to rush to litigation before you have a full understanding of the cost implication and whether or not you have a legally sound claim.

Tender Risk Assessment


  • Review of proposed terms & conditions, amendments to standard-form contracts
  • Preparation of tender risk assessments
  • Drafting of proposed tender cover letters
  • Recommendations on security options
  • Review of pricing strategy

Pre Contract Signing Review

(may vary)

  • Negotiate contractual terms and conditions with client
  • Prepare contract risk register
  • Present in-house training session to site-based staff
  • Assist with procuring of guarantees and insurances

Contract Administration

R25,000.00 over contract life, may vary

  • Administer the risk register
  • Attend to issuing of notices and all contract communication
  • Attend to the preparation of extension of time loss and expense claims
  • Meet monthly on site with project staff
  • Assist with management of the programme
  • Implement strategies to avoid disputes

Dispute Assistant

Ad hoc Pricing

  • Review of disputes and claims to identify merits
  • Drafting of all correspondence required by the contract
  • Assistance with procuring the services of a claims administrator
  • Assistance with procuring the services of an alternative dispute resolution practitioner

Covid-19 Related Disputes


  • Review of disputes and claims to identify merits
  •  Providing a quick assessment and preliminary advice
  • Mediate a solution between the parties
  • The parties jointly appoint BorCon as mediator to resolve and pay fees 50/50.