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How to win at communication under a construction contract

Barry Herholdt, MDA Associate, talks about the importance of communication under a construction contract.

Arbitrations and adjudications are on the rise in the construction industry

MDA Director, Euan Massey, talks to eNCA’s Motheo Kgoripe, about the need for more trained adjudicators in South Africa.

How the Prompt Payment Regulations will impact the SA Construction Industry

Vaughan Hattingh, MDA Director, talks about how the Prompt Payment Regulations will impact the South Africa Construction Industry.

“The Prompt Payment regulations are designed to provide the industry and stake holders within the industry with a set of tools to enable cash flow to flow”.

MDA Collective Wisdom Annual Lecture 2016 - Andrew Burr

Andrew Burr on managing the unfortunate reality of delay and disruption on major infrastructure development projects in 2016.

MDA Collective Wisdom Annual Lecture 2016 - Euan Massey

MDA Director, Euan Massey, tracking the evolution of South African construction law principles and practice over the past 15 years, discussing recent developments and considering what the future may hold.

MDA Collective Wisdom Annual Lecture 2016 - Dr. John Fletcher

Dr. John Fletcher on Navigating innovations in multi-tiered joint dispute resolution and Conflict Avoidance Panel procedures and practice on major infrastructure development projects in 2016.

MDA Collective Wisdom Annual Lecture 2016 - Mr. Justice R.W Nugent

Justice Robert Nugent on natural justice and the adjudication procedure in the South African construction industry.

Arbitration vs adjudication – what’s the difference?

Michelle Kerr, MDA Senior Associate, explains the key differences between arbitration and adjudication.

The settlement of disputes in the construction industry

Ian Massey, MDA Director, discusses the settlement of disputes in the South African construction industry.

Dealing with obstructive behaviour in the construction industry

Chris Bennett, MDA Director, discusses the prevalence of obstructive behaviour in the construction industry and dealing with the consequences thereof.

Who should bear the risk of community unrest and strikes?

Odette Potgieter, MDA senior associate, discusses the impact of how strikes, community unrest, service delivery protests, taxi protests and other uniquely South African events disrupt and delay the works on construction projects.

Be careful who you contract with

Chris Bennett, MDA director, talks to CNBC Africa’s Guguletu Cele, on the growing rate of liquidations in the construction industry. Contractors and sub-contractors are warned that payments can be clawed back from them if their contracting counter-party winds up in liquidation.

How liquidations in construction can impact you

Taryn van Deventer, MDA senior associate, discusses the growing number of liquidations in the construction industry. “Stats SA indicated a 6.5% growth of liquidations in 2014 and reported an average of five liquidations a month in the construction industry. On account of the economic situation in South Africa, liquidations are on the rise and this situation can adversely affect those investing in construction projects and being appointed as contractors and sub contractors on new projects.”

Can South Africa meet the demand for Adjudication?

Euan Massey, MDA director, discusses the effect of the shortage of Adjudicators currently being experienced in the South African construction industry. “We expect a dramatic increase in the number of adjudications, which will require an increased number of adjudicators, practitioners and adjudicator nominating bodies. We anticipate that at least 100 competent adjudicators will be required in the short term”.

Collective Wisdom Annual Lecture – 2015

The Impact of Payment Regulations on Construction Industry Practice

Datuk Professor Sundra Rajoo, guest presenter at the second annual MDA Collective Wisdom lecture, speaks about the implementation of similar Payment Regulations in the United Kingdom, Singapore, Australia and Malaysia, explores the teething problems experienced by stakeholders and considers the profound impact of such statutory intervention on traditional industry practices.

MDA Collective Wisdom 2015 - Panel Discussion

MDA Director Ian Massey, industry expert Peter Odell and Datuk Professor Sundra Rajoo discuss the intricacies of the Malaysian Construction Industry Payment and Adjudication Act (CIPAA).

MDA Collective Wisdom Lecture 2014 – Dr. Robert Gaitskell, QC

MDA Consulting held its Inaugural Collective Wisdom Lecture on 17 September 2014, with guest speaker Dr. Robert Gaitskell, QC (“Dr. Gaitskell”). Dr. Gaitskell overviewed the genesis of adjudication in the United Kingdom, its spread to many other Commonwealth jurisdictions and international adjudication practice with reference to contractual adjudication procedures prescribed in international standard form construction contracts, including the FIDIC 1999 (First Edition) and NEC3.

MDA Collective Wisdom 2014 - Panel Discussion

MDA’s Inaugural Collective Wisdom Lecture, with guest speaker Dr. Robert Gaitskell, QC (“Dr. Gaitskell”) was followed by a panel discussion centering around the growing significance of adjudication in the South African construction industry.