Legal and Commercial 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

Complimentary Advice for members only:

  • 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

Full Voluntary Mediation Service (Members and non- members) (R10,000.00)

  • 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.

Contracting Support

Package 1: Tender Risk Assessment (R3,000.00)

  • 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

Package 2: Pre Contract Signing Review (R5,000.00, 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

Package 3: 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

Package 4: Dispute Assistant (Adhoc)

  • 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

Package 5: Covid-19 Related Disputes R3000.00

  • 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.

Contract Sales

 

MBSA Contracts

  • Small Builders Manual (Edition 2014)
  • Domestic Subcontract Agreement March 2014 Edition
  • House Building & Small Contracts Agreement March 2005 Edition
  • Labour Only Subcontract Agreement February 2014
  • Agreement for Renovation and Refurbishment Work to existing Premises May 2010 Edition

JBCC Contracts

  • N/S Subcontract Agreement JBCC Series 2000 Edition 5.0 July 2007
  • N/S Subcontract Agreement JBCC Edition 6.2 May 2018 (Including: N/S Subcontract Agreement: Contract Data)
  • Principal Building Agreement JBCC Series 2000 Edition 5.0 July 2007
  • Principal Building Agreement JBCC Edition 6.2 May 2018 (Including: Principal Building Agreement: Contract Data)
  • Minor Works Agreement JBCC Series 2000 Edition 4.0 August 2007
  • Minor Works Agreement JBCC Edition 5.2 May 2018 (Including: Minor Works Agreement: Contract Data)

Training & Topical Workshops

JBCC (R1000.00 Members | R1800.00 Non-Members)

  • 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

MBSA domestic Sub-Contract agreement (2014 edition)

  • 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

  • Topical workshops such as:

Tender in a cut-throat environment: R500.00

Avoiding Claims: R600.00