http://www.constructionlaw.co.za/blog Tiefenthaler Attorneys Copyright (c) 2009 Construction Law Blog Tue, 15 Sep 2009 20:06:10 GMT 5 As with most topics in this field, one could go on at length about the pros and cons of Adjudication in South Africa. One aspect of adjudication that cannot go without mention is to warn against importing the "success stories" from English experiences into South Africa. Before allowing yourself to be caught up in all of the positive spin about how adjudication has become the panacea for the ills of construction disputes, think carefully about where the hype is coming from. A comparison of some of the fundamental differences between the position in England and that in South Africa will illustrate the point: England has a very strong statutory framework that supports the notion of adjudication. South Africa has no legislative framework at all. English Courts regularly make pronouncements on issues pertaining to adjudication under their legislative framework. South African courts (obviously) do not. As English Courts make pronouncements on the practice of adjudication, it increases certainty about how the law treats adjudication decisions. We do not have this luxury in South Africa. English Courts have shown a willingness to be very robust in enforcing adjudication decisions (at least in the interim) using expedited procedures. South African Courts have not (and probably will not) treat the duty to abide by adjudication decisions as anything different from any other contractual duty. Procedurally, therefore, enforcement via the South African Courts is likely to be slow and difficult. Removing the legislative frame work and the cooperation of the Courts from the picture makes it extremely tenuous to use English success stories as a basis for endorsing adjudication as a process in South Africa. http://www.constructionlaw.co.za/blog/?id=2&t=Adjudication-in-South-Africa-Beware-the Tue, 15 Sep 2009 19:42:00 GMT We launched our new Tiefenthaler Attorneys web site today. The site was completely redeveloped and now features a blog which replaces our popular newsletters.<br><br>The blog will become a frequently updated part of the site where you can glean expert insight into construction law issues. We are still in the process or releasing enhancements to the site so check back regularly for updates.<br> http://www.constructionlaw.co.za/blog/?id=1&t=New-website-launched Tue, 15 Sep 2009 19:22:00 GMT