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Legal and Commercial Services

Legal Services

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.

Alternative Dispute Resolution

  • Dealing with daily queries from members and their clients relating to complaints / queries and the like.
  • Providing a quick assessment and preliminary advice without cost
  • Use of phone and email communication mediums
  • Dealing with daily queries from members and their clients relating to complaints/queries and the like.
  • Providing a quick assessment and preliminary advice without cost
  • Use of phone and email communication mediums
  • This is a conflict resolution offering
  • Any two parties can bring a dispute to MBA-North for quick resolution. Members or non-members.
  • The parties jointly appoint BorCon as mediator to resolve and pay fees 50/50.
  • Contact us for more information.
  • Contact us for more information.

Contracting Support

  • Review of proposed terms and 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
  • 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
  • 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
  • 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
  • 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.

Contracting Sales

  • Labour Only Subcontract Agreement February 2014: Members: R130 / Non-Members: R240
  • House Building & Small Contracts Agreement March 2005 Edition: Members: R130 / Non-Members: R240
  • Domestic Subcontract Agreement March 2014 Edition: Members: R130/ Non-Members: R240
  • Agreement for Renovation and Refurbishment Work to existing Premises May 2010 Edition: Members: R130 / Non-Members: R240
  • OHS Act 20th Edition: Members: 260.00 / Non-Members 340.00
  • Cromodec Board: Members: 900.00 / Non-Members 1050.00
  • IWH Working @ Heights Safely 2nd Edition: 190.00 / Non-Members 250.00
  • Principal Building Agreement JBCC Edition 6.2 May 2018 (Including: Principal Building Agreement: Contract Data): Member: R990 / Non-Member: R1090
  • N/S Subcontract Agreement JBCC Edition 6.2 May 2018 (Including: N/S Subcontract Agreement: Contract Data):
  • Member: R790 / Non-Member: R890
  • Minor Works Agreement JBCC Edition 5.2 May 2018 (Including: Minor Works Agreement: Contract Data): Member: R790 / Non-Member: R890

Training & Topical Workshops

  • Review of proposed terms and 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
  • Module 1: Basic concepts of the MBSA Domestic subcontract agreement.
  • Module 2: Time, extension of time, default of time
  • Module 3: All things payment
  • Module 4: Dispute resolution
  • Module 5: Dealing with common contracting problems in SA today

R300 per module / R1200 for all five modules

Topical workshops such as:

  • Tender in a cut-throat environment: R500.00
  • Avoiding Claims: R600.00

MEMBERSHIP

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Membership of the Master Builders Association North is about providing support and value added services to members operating in the Building Industry in the Northern Provinces.

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