This has become one of our key practice areas. We assist and advise clients on matters relating to documents, activities and decisions of state departments and organs of state. We have assisted clients in interpreting and enforcing provisions of tender documents, policy documents and applicable legislation such as the PFMA and MFMA. We can assist you to successfully review and set aside unlawful decisions of organs of state, whether through our courts or alternative dispute resolution mechanisms.

We will assist you to resolve the legal issues you have with your customers, suppliers, directors, employees, shareholders, third parties or other stakeholders. This is done by agreement between the parties, through the courts or by alternative dispute resolution methods. A specialised commercial court has been created in Gauteng for the purposes of resolving commercial disputes.

We have acted on behalf a number of companies and close corporations in the construction industry. We provide advice to main contractors and subcontractors in disputes. In this industry, small and large disputes are frequent due to the intricate wording of tenders and contracts and the need to interpret contractual responsibilities across multiple documents. These disputes often arise against the Employer or other contractors (whether main contractors or subcontractors).

We have instituted reviews of tender awards and advised on the implementation of different contracts including the terms and conditions of the SANS building standards and codes, the GCC, NEC and FIDIC. We have also brought proceedings to suspend decisions of the Employer or halt construction works in appropriate circumstances.

Often the contents of a contract are complex or ambiguous or clarity is needed on how to enforce its terms. Other contracting parties may also have a different interpretation to yours. We can assist you to interpret the meaning of the terms and conditions of any contract and enforce your rights in terms of a contract.

If any person or company owes you money, legal mechanisms can be used to oblige the debtor to pay you. Debt takes different forms, for example rent, levies, service fees, purchase consideration or remuneration. We can assist you to collect any form of debt, having regard to the applicable legislation and the contractual relationship. Debt may be paid by agreement or after instituting legal proceedings in the appropriate forum.

If your company or a company in which you have an interest is in financial distress or insolvent, we can advise you on the next steps to take. Business rescue is a mechanism created to assist companies in financial distress return to solvency or to pay a higher dividend to creditors than in a liquidation. Liquidation is a mechanism for winding up companies. Sequestration on the other hand is the process for declaring an individual insolvent. Whether you need advice on these processes or want to institute any of them, contact us.

Property disputes may take numerous forms. Parties to a property transaction could have conflicting views on what is required of either party. There may be a dispute about rights over property or the need to evict people unlawfully occupying property. Disputes about estate agent’s commission are also not uncommon. There are several legal issues that may arise in homeowners’ associations and trust arrangements. We can assist you to resolve these and other property-related disputes.

The Consumer Protection Act sets out consumer rights that we should all be aware of. These rights include the right to seek redress for unsatisfactory goods or services, the right to cancel or renew an agreement, right to fair and reasonable marketing, disclosure rights and right to supplier accountability. For advice on your consumer rights or the obligations of a supplier, contact us.