Construction Law In South Africa In Wake

State:
Multi-State
County:
Wake
Control #:
US-00102BG
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

A detailed analysis of the laws affecting construction contracts including:


" Offer and acceptance;

" Written agreements: integration and merger;

" Mutuality and consideration;

" Expressed and implied obligations;

" Waiver and Disclaimer of Implied Warranty of Habitability;

" Breach and Enforcement: finding materiality and damages;

" Remedies and Procedure in Actions Involving Building and Construction Contracts;


Also includes sample forms from the USLF Website as follows:


" Sample Contract Clause Limiting Remedies;

" Non-Waiver Agreement between Contractor and Owner Regarding Accepting Late Payments;

" Sample count in suit for rescission;

" Petition for Rescission of Contract Failure of Contractor to Obtain Building Permit;

" Complaint for Damages, Specific Performance of Contract, and
Appointment of Special Master to Oversee Construction against Contractor and Agent's Breach of Contract to Construct House;

" Sample Construction Contract Change Order; Sample contract clause regarding arbitration;

" Labor and Material Payment Bond;

" Contract For Construction of a Commercial Building;

" Mechanics' Liens;

" Construction defects;

" Licensing Issues in Mississippi;

" E-discovery; and

" Electronic Message Archiving;

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FAQ

Force majeure, a legal term, pertains to unforeseeable and unavoidable events beyond the control of contract parties. Embedded within contracts, a force majeure clause typically absolves one or both parties from liability or performance obligations following the onset of such events.

(8)No person may engage in any construction or cause or allow such construction to occur, in a residential area− (a)before 07h00 and after 18h00 from Monday to Saturday; and (b)at any time on any Sunday or public holiday, except− (i)under circumstances where such construction is necessary in order to preserve property ...

Construction noise is covered by Chapter 12.08. 440 in Title 12 of the County Codes. Most construction must take place between a.m. and p.m. during normal weekdays. However, emergency repairs may be performed as necessary.

The Occupational Health and Safety Act (“OHSA”) of 1993 is the cornerstone of health and safety legislation in South Africa, specifically tailored to protect workers in all industries, including construction.

Construction law in South Africa regulates the building industry of the country. It is a flexible and dynamic body of law, due to obligations and rights of parties in the construction industry of South Africa changing over time.

(8)No person may engage in any construction or cause or allow such construction to occur, in a residential area− (a)before 07h00 and after 18h00 from Monday to Saturday; and (b)at any time on any Sunday or public holiday, except− (i)under circumstances where such construction is necessary in order to preserve property ...

Essentially, construction work must be carried out between 7am and 7pm Monday to Saturday.

The basic requirement is an LLB degree from any South African university. Having achieved this, the next step is to apply to the High Court to be included on the 'roll' of advocates. To do this, an applicant must satisfy the court that he/she is both qualified and able to be a member of the profession.

Labour Relations Act (LRA) This Act deals with the employment relationship. It gives rights to both parties and dictates how the employer and employer are to conduct themselves in the employment relationship, for example employees are entitled to associate freely with Trade Unions.

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Construction Law In South Africa In Wake