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Commercial Contracting
Advice and drafting of all types of commercial, business and other agreements and transaction documents, standardised contract formats, reviews and audits, risk assessments, negotiation, mediation and dispute resolution.
Team
Insights
Who pays for construction delays?
29 October 2024
There is an old joke in the construction sector that says, “All construction projects follow the 3, 2, 1 rule
...
- It takes three times longer than planned, costs twice as much as planned, and you only ever develop property once.” This is obviously an exaggeration, but as is often the case, there is some truth in the joke. In this article,
show more
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85
Article
Merging the pieces when transactions become indivisible
03 October 2024
On 28 June 2024, the Competition Commission published Draft Guidelines under section 79(1) of the Competition Act to address its
...
approach towards 'indivisible transactions.' These guidelines are aimed at providing clarity on how multiple transactions can be evaluated as a single merger filing. In this article, we explore the key elements of the Dra
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148
Article
The implications of a waiver of rights by directors
02 September 2024
The Supreme Court of Appeal (“SCA”) recently handed down a judgement in what has been cited as a ‘landmark case’
...
in respect of the waiver of directors’ rights and the impact of such waiver on a company. In this article, we look at what a ‘waiver’ of rights in terms of a contract entails and what the effect
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151
Article
Suretyship vs Guarantee. What’s the difference?
02 May 2024
In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and
...
guarantees, and explain the difference between these two forms of security.
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222
Article
Can Landlords unilaterally charge for additional services?
02 May 2024
The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this
...
article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing
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256
Article
Construction Contracts: Is it a “one-size-fits-all” decision?
22 February 2024
Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.
...
Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of c
show more
READ MORE
258
Article
Who pays for construction delays?
29 October 2024
There is an old joke in the construction sector that says, “All construction projects follow the 3, 2, 1 rule
...
- It takes three times longer than planned, costs twice as much as planned, and you only ever develop property once.” This is obviously an exaggeration, but as is often the case, there is some truth in the joke. In this article, we explore construction projects that are not completed by their deadlines, examining who should be held accountable for this and the additional costs that usually follow.
show more
READ MORE
85
Article
Merging the pieces when transactions become indivisible
03 October 2024
On 28 June 2024, the Competition Commission published Draft Guidelines under section 79(1) of the Competition Act to address its
...
approach towards 'indivisible transactions.' These guidelines are aimed at providing clarity on how multiple transactions can be evaluated as a single merger filing. In this article, we explore the key elements of the Draft Guidelines and the rationale behind their publication, offering insight into their potential impact on merger control in South Africa.
show more
READ MORE
148
Article
The implications of a waiver of rights by directors
02 September 2024
The Supreme Court of Appeal (“SCA”) recently handed down a judgement in what has been cited as a ‘landmark case’
...
in respect of the waiver of directors’ rights and the impact of such waiver on a company. In this article, we look at what a ‘waiver’ of rights in terms of a contract entails and what the effect of such a waiver by directors may have on a company, specifically concerning debts owed to the company.
show more
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151
Article
Suretyship vs Guarantee. What’s the difference?
02 May 2024
In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and
...
guarantees, and explain the difference between these two forms of security.
show more
READ MORE
222
Article
Construction Contracts: Is it a “one-size-fits-all” decision?
22 February 2024
Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.
...
Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.
show more
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258
Article
An introduction to mergers and acquisitions in South Africa
18 October 2023
Mergers and Acquisitions or ‘M&As’ have become integral components of South Africa’s corporate landscape and play a crucial role in
...
economic growth and development. In this article, we explore the legal framework and key considerations surrounding M&A transactions in South Africa by looking at the regulatory environment, competition law, due diligence, tax, and transaction structuring that accompanies M&A transactions.
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384
Article
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