South Africa Case Law

Tame N.O and Others v Tala Light Weight Construction (Pty) Ltd and Others (6550/2019)

Tame N.O and Others v Tala Light Weight Construction (Pty) Ltd and Others (6550/2019) [2025] ZAWCHC 63 (24 February 2025)

Court

Western Cape High Court, Cape Town

Case number

6550/2019

Judge

S G Magardie

The court found that the first defendant materially breached its obligations under the building contracts by failing to construct the dwellings in a proper and workmanlike manner and not in accordance with the agreed plans and specifications. The evidence of the plaintiffs’ witnesses, particularly the quantity surveyor and land surveyor, established that the work completed was substantially below the contracted standard and that the value of completed work was significantly less than the amounts paid. The contractual mechanism for payment did not preclude the plaintiffs from seeking restituti…

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• Building Contracts
• Restitutionary Damages
• Breach Of Contract
• Quantum Of Damages
• Suretyship Liability
• Contractual Penalties

Pretorius v Leonard and Others (11279/2024)

Pretorius v Leonard and Others (11279/2024) [2024] ZAWCHC 386 (25 November 2024)

Court

Western Cape High Court, Cape Town

Case number

11279/2024

Judge

A Bhoopchand

The High Court dismissed exceptions to particulars of claim in a building-contract dispute, holding the pleadings disclosed a cause of action for defects and lost rental income.

• Breach Of Contract
• Damages Quantification
• Joinder Of Parties
• Pleading Requirements
• Consequential Loss
• Building Contracts

Rajah and Another v S (A102/2024)

Rajah and Another v S (A102/2024) [2024] ZAWCHC 260 (12 September 2024)

Court

Western Cape High Court, Cape Town

Case number

A102/2024

Judges

Bhoopchand AJ, Kusevitsky J

The High Court upheld the appeal and set aside convictions for theft and perjury arising from a construction payment dispute and affidavit errors.

• Theft
• Perjury
• Mens Rea
• Building Contracts
• Advance Payment
• Retention Of Funds

Member of the Executive Council of the Department of Human Settlements, Free State Province v NTSU Building Materials (Pty) Ltd (A144/2023)

Member of the Executive Council of the Department of Human Settlements, Free State Province v NTSU Building Materials (Pty) Ltd (A144/2023) [2024] ZAFSHC 252 (22 August 2024)

Court

Free State High Court, Bloemfontein

Case number

A144/2023

Judges

Chesiwe, Daniso, Cronje

The court found that the amended particulars of claim did not substantiate a cause of action based on unjustified enrichment on all possible readings of the allegations. Although the High Court at times referred to the wrong test, it also applied the correct test for exception. The pleadings established a nexus other than unjustified enrichment, and the wording may have established a causa, but not the one pleaded. The payments were made pursuant to a causa, even if subsequently declared unlawful, and it was not pleaded that the building materials were not delivered. Therefore, the appeal was…

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• Exception To Pleadings
• Cause Of Action
• Unjustified Enrichment
• Building Contracts

Alto Management CC v Wingtip Crossing Shopping Centre (Pty) Ltd (59545/2018)

Alto Management CC v Wingtip Crossing Shopping Centre (Pty) Ltd (59545/2018) [2024] ZAGPPHC 808 (12 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

59545/2018

Judge

S J R Mogagabe

The court held that interim payment certificates under a JBCC building contract bound the employer, rejected arbitration and factual-dispute defences, and ordered payment.

• Building Contracts
• Interim Payment Certificates
• Liquid Documents
• Summary Judgment
• Arbitration Clauses
• Interim-payment-certificates

Khulula Security Services CC v Coega Development Corporation (Pty) Ltd (4421/2022)

Khulula Security Services CC v Coega Development Corporation (Pty) Ltd (4421/2022) [2024] ZAECMHC 60 (2 July 2024)

Court

Eastern Cape High Court, Mthatha

Case number

4421/2022

Judge

Pitt AJ

The court ordered the respondent to issue a final payment certificate and pay the certified JBCC amount, finding no genuine dispute to block relief.

• Specific Performance
• Building Contracts
• Principal Agent Authority
• Payment Certificate
• Condonation Of Late Filing
• Specific-performance

Tusk Construction Support Services (Pty) Ltd and Another v Mayibongwe N.O and Others (27188/2012)

Tusk Construction Support Services (Pty) Ltd and Another v Mayibongwe N.O and Others (27188/2012) [2023] ZAGPPHC 1893 (6 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

27188/2012

Judge

N Davis

The court dismissed claims by lenders seeking school contract payments from the IDT, holding that the JBCC contracts barred cession without consent.

• Cession Of Rights
• Building Contracts
• Agency Liability
• Contractual Consent
• Damages Claim
• Cession-of-rights

Umlazi Civils Pty Ltd v Concor Construction t/a Conradie Development and Another (20967/2021)

Umlazi Civils Pty Ltd v Concor Construction t/a Conradie Development and Another (20967/2021) [2023] ZAWCHC 161 (10 July 2023)

Court

Western Cape High Court, Cape Town

Case number

20967/2021

Judge

Binns-Ward

The court held that the FIDIC contract did not confer on interim payment certificates an absolute or temporarily final right to payment in the face of a dispute. The contract's arbitration and adjudication provisions expressly allow for certificates to be opened up, reviewed, and revised by the arbitrator. The authorities relied on by the applicant do not establish a general rule of binding effect for interim certificates; rather, the effect depends on the specific contract terms. The employer retains the right to raise contractual defences and set-off, and the disputes regarding the certifie…

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• Building Contracts
• Interim Payment Certificates
• Arbitration Clauses
• Contractual Defences
• Liquid Documents

Unit 15 Rondevoux CC t/a Done Rite Services v Makgabo (A3075/2021)

Unit 15 Rondevoux CC t/a Done Rite Services v Makgabo (A3075/2021) [2022] ZAGPJHC 627 (1 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A3075/2021

Judges

S D J Wilson, G C Wright

Appeal over a building contract dispute. The High Court upheld a quantum meruit claim for work done before exclusion from the property and fixed payment at R91,605.61 plus interest.

• Quantum Meruit
• Specific Performance
• Building Contracts
• Pleadings And Amendment
• Quantum-meruit
• Building-contracts

Willie Webb Holdings JV Marang Distributors (Pty) Ltd v Member of the Executive Council responsible for Public Works, Roads and Transport: North West Province (1020/2014)

Willie Webb Holdings JV Marang Distributors (Pty) Ltd v Member of the Executive Council responsible for Public Works, Roads and Transport: North West Province (1020/2014) [2021] ZANWHC 57 (19 August 2021)

Court

North West High Court, Mafikeng

Case number

1020/2014

Judge

DJAJE

High Court claim over delay-related costs under a JBCC building contract. The court upheld the plaintiff’s claim for overheads, idle labour and financial assistance.

• Building Contracts
• Delay Claims
• Contractual Interpretation
• Quantum Of Damages
• Interest On Overdue Payments
• Building-contracts