News & Articles

The importance of mediation, adjudication and arbitration in construction disputes

The importance of mediation, adjudication and arbitration in construction disputes

“Parties to construction projects easily get nervous when they see provisions in the agreement that demand that disputes be referred to mediation and/or arbitration. Why have these provisions, and do they water down the enforcement of their rights? In this article, we unpack why clauses such as these have become the norm in the construction industry and should be welcomed.”

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Will trust assets form part of your estate at divorce?

Will trust assets form part of your estate at divorce?

“Just before a couple married with the accrual system finalised their divorce, the husband created a trust and transferred money and property to the trust. The result is the husband’s estate is considerably reduced when it comes to the accrual calculation. Is this acceptable and does it mean his estate is reduced, or can his wife claim that these assets transferred to a separate trust be included in the calculation?”

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What to do if the suspensive condition is not going to be met?

What to do if the suspensive condition is not going to be met?

A typical situation encountered in a property transaction: The deed of sale has been signed, the intended buyer is applying for a loan but paperwork and delays at the bank slow things down. Suddenly the transferring attorney lets the buyer know that they only have a few days left to satisfy the suspensive condition in the deed of sale. What does all of this mean and what happens if the loan is given, but it’s a day late?

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Double insurance – stroke of genius or waste of money?

Double insurance – stroke of genius or waste of money?

We all know that insurance is there to provide relief from an uncertain event that could arise and cause damage to your property. But, can you insure for example your car with two insurers and should your car be written off in an accident claim for and receive double compensation from two insurers for the same accident? You have after all paid them both the required insurance premiums.

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Moonlighting can be bad for your employment ‘health’

Moonlighting can be bad for your employment ‘health’

Quite often new entrepreneurs start off exploring other sideline businesses while still in the employ of their current employer. Take the example of a textile worker that starts to set up her own clothing business on the side by making clothes after hours. Is this allowed or could her employer fire her for this even if it does not affect her work responsibilities?

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Your creative works are protected

Your creative works are protected

With technology and accessibility to creative tools, platforms and social media expanding the ease and accessibility of creating anything from your own music to a short film and everything in between, it raises the question of copyright protection and how far it goes to protect your creative output in a world where sharing, copying, linking and passing on of information is only a click away.

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B-BBEE in state tenders done?

B-BBEE in state tenders done?

“With all the media attention around the Supreme Court of Appeal’s ‘scrapping’ of the regulations around preferential procurement at the end of 2020, and recent media statements by the Democratic Alliance that they wish to have B-BBEE removed as criteria from government tendering, one can be excused for being uncertain what role B-BBEE will continue to play in state tendering.”

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Good corporate governance just makes business sense

Good corporate governance just makes business sense

With the business world seeming to move faster and faster and companies apparently only interested in increasing their profits, it can be easy to think your company only has one goal, namely to make money. But is this true? Are companies expected to live up to a higher standard, and if so, does it make business sense to do so? In this article we take a look at corporate governance practices and what this means for a company.

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Remission of rent and sub-lessees

Remission of rent and sub-lessees

The Covid-pandemic caused a major disruption to many commercial rental properties, with lessees claiming remission of rent because of their inability to use and enjoy the rental properties. Although subject to many factors, it is common cause that lessees have been able to claim remission of rent due to Covid-19. But what is the position when it comes to a sub-lessee? Can a lessee claim for remission of rent if the sub-lessee was deprived of occupation?

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How to maximise your training for BEE recognition

How to maximise your training for BEE recognition

The various types of skills training available in South Africa and the corresponding BEE recognition it provides, has become very technical, resulting in many businesses finding it difficult to decide on and implement the appropriate training programmes to achieve their desired training and BEE goals. Here we discuss and simplify the most prevalent types of training in South Africa and also address BEE recognition applicable to the different types of training.

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Appeal Court settles debate on when you can claim arrear maintenance

Appeal Court settles debate on when you can claim arrear maintenance

A friend of yours has been divorced for a few years now. Her ex was supposed to pay maintenance, but it wasn’t long before he started paying less and less and then eventually stopped. Your friend was just too fearful of conflict to do anything about it and continued to raise her kids by herself. Now however, money is tight and she is wondering if there is anything she can do to get her ex to pay the maintenance he should have paid?

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Can a foreigner qualify as BEE shareholding in your business?

Can a foreigner qualify as BEE shareholding in your business?

Your company is looking at to increase its BEE shareholding and you have identified a potential BEE partner. Despite being very optimistic about the partner, you have in your due diligence discovered that your potential partner – although a black person – was not born in South Africa. This raises the question of whether this partner would qualify as a BEE partner should you continue with the BEE deal?

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