OUR KEY SERVICES
Whether you are the Contractor, Engineer, Principal Agent, Architect or the Employer, this platform has been established to provide you access to the following six key services:
We hereby provide Virtual access to our panel of experts to obtain contractual assistance, opinions or guidance in contractual matters relating to claims or disputes.
The virtual access, by way of Microsoft Teams, provides access to our panel of experts and circumvent the costs of travelling where such meetings also prove to more productive.
Please contact us for a consultation by way of Microsoft Teams.
For as little as R1,500-00 per month (excluding VAT) we offer our Clients online or telephonic access to our panel of experts for 120 minutes per month of telephonic or email consultations in order to raise their contractual queries in order to make a wise decision (prevention is better than aftercare), before taking action in certain contractual matters. The monthly fee is payable in advance by Electronic Funds Transfer or Debit Order.
We have found in the past 10 years that these consultation provides the most effective preventative strategies to curb the medium to long term effect of a decision made at the time. Hence, this will be financial resources well spent!
If you need a more tailor-made package, please inform us and we will gladly assist.
Online assistance in the drafting of contractual notices, claims, dispute notices, Mediation or Adjudication submissions
The drafting of contractual notices, claims and dispute notice is a valuable service that we offer to ensure that once such a notice or claim is submitted, to ensure that it “ticks all the boxes” in terms of claims procedural compliance.
Many claims have not survived in the past and contractors or subcontractors have suffered substantial financial losses just on the basic principle that their claim submissions did not comply with the strict provisions of the contract.
Also, in this case, we have found in the past 10 years that this type of assistance provides the most effective preventative strategies to curb the medium to long term effect of a decision made at the time. Hence, this will be financial resources well spent and will prevent the dismissal of claims on the basis of procedural compliance instead of the merits of a claim.
For an agreed hourly rate we offer our Clients the necessary administrative support by our panel of experts either review or draft the correct contractual notices or claims to ensure that in the event that the claim proceeds to Adjudication, Mediation or Arbitration, that the submissions made can stand the necessary tests for procedural compliance.
If you need a more tailor-made package, please inform us and we will gladly assist.
Online assistance in the drafting of expert opinions on a contractor or employer’s rights and obligations, and the prospects of success, in respect of claims or matters in dispute
A wise man once said “Don’t ever fall in love with your own claim or defence!”
Hence, our panel of experts are available to review any claim or defence that you have to pursue in a certain instance.
We assist our Clients in terms of independent expert opinions on construction claims, we offer a service that will assist our Clients assessing the validity of a construction claim on the basis of an informed and independent opinion.
The solution we hereby offer will also put our Client in a position to assess the likelihood of success if a particular claim is elevated to adjudication, mediation, arbitration or the Court which can become a costly exercise if an informed decision is not made on the merits of the Claimant or Defendant’s case.
Online assistance in the reviewing or compilation of construction agreements whether you are the employer contracting with the contractor, or the contractor contracting with the employer or a subcontractor
“Caveat subscriptor” is a Latin maxim which essentially translates to “let those who sign the contract beware”.
VAN ZYL & ASSOCIATES offers an independent service to review construction agreements that have already been compiled, but which agreements may have to be reviewed before it goes out on tender or offered for signature to another party.
The principle of Caveat subscriptor also pre-empts the provision in law that contracts must be honoured once signed and therefore the importance of properly checking and reviewing a contract before signing it is of significant importance to prevent undue hardship in the future.
Our team has also been at the front end of implementing Construction Procurement tenders and Contracts to ensure our Client’s compliance to the CIDB Act of 2000, amongst others, where these Tenders and Contracts are mostly delivered on the basis of the following conditions of contract:
- GCC 2015
- JBCC 2000 Series
- NEC 3 and NEC 4
- FIDIC
VAN ZYL & ASSOCIATES is therefore also available to prepare Main Contract and Subcontract agreements tailor-made to our Client’s needs.
Assistance and appearance to represent employers or contractors in Adjudication, Mediation or Arbitration
In the unfortunate event that the dispute prevention route was followed or a matter has been elevated to a claims procedure, we assist Claimants or Respondents in the evaluation and preparation of the statement of claim or defence in ensuring value is added to the dispute resolution process.
Dispute resolution processes requires strict procedures to be followed in terms of the Contract to ensure a claimant or defendant’s rights are protected in terms of the dispute process followed.
We therefore act on behalf of claimants or respondents in terms of the Adjudication, Mediation or Arbitration process where applicable.
We as VAN ZYL & ASSOCIATES assist our clients as specialist advisors and have instructing attorneys and advocates available to institute legal proceedings for the following:
- Construction claims
- Review Applications
- Right of Access to Information
- Interdicts pertaining to tender processes and awards of construction contracts in general
- Enforcement of payment certificates and adjudication awards
If you need a more tailor-made package, please inform us and we will gladly assist.