South Africa Case Law

Good Hope Plasterers CC t/a Good Hope Construction v E-Junction Property Developers (Pty) Ltd and Others (9671/2020)

Good Hope Plasterers CC t/a Good Hope Construction v E-Junction Property Developers (Pty) Ltd and Others (9671/2020) [2020] ZAWCHC 162 (19 November 2020)

Court

Western Cape High Court, Cape Town

Case number

9671/2020

Judge

S Hockey

The High Court granted leave to withdraw an urgent application and set aside a late counter-application as an irregular step, with costs divided between the parties.

• Withdrawal Of Application
• Counter Application
• Construction Guarantees
• Irregular Step
• Jbcc Contract
• Interdict

Joint Venture Between Aveng (Africa) Pty Ltd and Strabag International GmbH v South African National Roads Agency Soc Ltd and Another (8331/19)

Joint Venture Between Aveng (Africa) Pty Ltd and Strabag International GmbH v South African National Roads Agency Soc Ltd and Another (8331/19) [2019] ZAGPPHC 286 (17 May 2019)

Court

North Gauteng High Court, Pretoria

Case number

8331/19

Judge

TAN Makhuvele

The High Court granted leave to appeal in a dispute about construction guarantees, force majeure, and whether the earlier judgment went beyond the legal issues required.

• Construction Guarantees
• Force Majeure
• Leave To Appeal
• Contractual Rights
• Leave-to-appeal
• Construction-guarantees

Joint Venture Between Aveng (Africa) Pty Ltd and Strabag International GmbH v South African National Roads Agency Soc Ltd and Another (8331/19)

Joint Venture Between Aveng (Africa) Pty Ltd and Strabag International GmbH v South African National Roads Agency Soc Ltd and Another (8331/19) [2019] ZAGPPHC 97; [2019] 3 All SA 186 (GP) (22 March 2019)

Court

North Gauteng High Court, Pretoria

Case number

8331/19

Judge

Makhuvele

Urgent application to stop SANRAL calling up construction guarantees was dismissed after the court found no proven Force Majeure basis or contractual bar.

• Construction Guarantees
• Performance Security
• Force Majeure
• Interdictory Relief
• Fidic Contracts
• Construction-guarantees

Minister of Transport and Public Works, Western Cape and Another v Zanbuild Construction (Pty) Ltd and Another (68/2010)

Minister of Transport and Public Works, Western Cape and Another v Zanbuild Construction (Pty) Ltd and Another (68/2010) [2011] ZASCA 10; 2011 (5) SA 528 (SCA) (11 March 2011)

Court

Supreme Court of Appeal

Case number

68/2010

Judges

Brand, Nugent, Lewis, Maya, Bosielo

The Supreme Court of Appeal held that Absa’s construction guarantees were conditional suretyships, not on-demand bonds, so the department could not recover without showing money due by the contractor.

• Construction Guarantees
• Suretyship
• Contract Interpretation
• On Demand Bonds
• Bank Liability
• Construction-guarantees

Zanbuild Construction (Pty) Ltd v Absa Bank Limited and Others (2083/2009)

Zanbuild Construction (Pty) Ltd v Absa Bank Limited and Others (2083/2009) [2009] ZAWCHC 233 (19 June 2009)

Court

Western Cape High Court, Cape Town

Case number

2083/2009

Judge

W J Louw

The court held that the guarantees must be interpreted in conjunction with the main construction contracts. The department was not entitled to call up the full amount of the guarantees without quantifying the amount due and payable as a result of a breach by the applicant. The guarantee's wording required that only amounts 'owing and due' on the expiry date of the notice of withdrawal could be claimed. Since the department neither alleged nor established any quantified claim due on the relevant date, it was not entitled to recover any part of the guaranteed amounts. The guarantees did not ope…

Source excerpt

• Construction Guarantees
• Performance Bonds
• Interdictory Relief
• Contractual Interpretation