Property & Construction Law
Property and construction disputes arise in many forms. They may concern residential, commercial, or industrial property. Often, they involve landlords, tenants, property owners, Homeowners’ Associations, illegal occupiers, builders, developers, or government entities. Common issues include lease agreements, deposits, property damage, inspections, breaches of contract, and cancellations.
Our team also advises on the legal requirements for construction projects and contract management. We have experience with JBCC, PROCSA, GCC, FIDIC, NEC, and bespoke agreements, including disputes arising from oral variations or hybrid arrangements that combine written and verbal terms. We are well-versed in construction and engineering disputes of all kinds.
In addition, we assist clients where no valid written contract exists. Through the principle of quantum meruit (“as much as deserved”), we help recover fair compensation for services rendered or goods supplied, ensuring no party is unjustly enriched at another’s expense.
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Advice on standard form JBCC, PROCSA, GCC, FIDIC and NEC contracts
Advise parties on bespoke agreements that are made up of a mixture of oral and written agreements
Advise parties on the quantum meruit principle that has elements of fairness and the prevention of unjust enrichment
Advise on claim procedures and litigation strategies
Urgent court proceedings to protect our clients’ immediate interests
Advise on time extensions and variation claims
Advise clients on the full cycle of dispute resolution procedures as per their commercial contract provisions
Assist clients in identifying the correct dispute resolution procedures
Assist clients in declaring a formal pre-arbitration dispute
Community Schemes Ombud Service (CSOS) Disputes
Commercial evictions
Property law litigation
Residential and commercial property disputes
Spoliation applications
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Acted for property developers, property management companies, and other role players in the construction and real estate sector in real estate disputes.
Provided legal advice for a large state-owned investment company in respect of substantial construction and contractual disputes relating to a super basement.
Provided legal advice and representation on a wide variety of complex corporate/commercial matters, including contractual disputes, commercial tenancy matters, commercial and large-scale residential evictions, as well as real estate and construction related litigation.
Acted on behalf of a large property fund management corporation in contractual negotiations with the anchor tenant (a large shopping chain) regarding consents for redevelopment of a shopping complex.
Advised and acted for a state-owned company in a high-value arbitration relating to the technical aspects of calculating damages, involving various experts including accountants.
Assisted a national public entity with Anton Pillar proceedings and successfully executed the seizure of site information/documents that were removed irregularly.
Assisted a metropolitan municipality in an application for interdictory relief in terms of its by-laws, as well as in terms of the National Environmental Management Act 107 of 1998.
Assisted a metropolitan municipality to bring several eviction applications in the High Court against unlawful occupants.