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South Africa decisions
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RSC Avelo (Pty) Ltd v Trencon Construction (Pty) Ltd and Another (2022/057553) [2025] ZAGPJHC 7 (12 January 2025)
The High Court enforced an arbitration award and held that interest on late certification of escalation amounts was payable under the subcontract, compounded monthly.
GD Irons Construction Proprietary Limited v Thumos Properties (Pty) Ltd and Others (35401/2013) [2022] ZAGPPHC 268 (25 April 2022)
The court found that the totality of the evidence, including documentary and witness testimony, established that Capicol 1 (Pty) Ltd was the true employer under the Principal Building Agreement. The reflection of Capicol (Pty) Ltd as employer was a bona fide common mistake. The conduct of the parties, subsequent documentation, and the defendants' own admissions supported rectification. The requirements for rectification were met, and the plaintiff was entitled to judgment against the second defendant for the outstanding balance and interest. The amounts paid under the first six payment certif…
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Riverside Chuene Construction CC v MEC, Department of Education Limpopo Province (70284/2013) [2014] ZAGPPHC 357 (12 June 2014)
The High Court ordered the respondent to pay a contractor under JBCC interim certificates, holding that dispute resolution was not compulsory on these facts.
Boezaart NO en Ander v Madelief Beleggings BK (21104/2009) [2009] ZAGPPHC 262 (13 August 2009)
High Court summary judgment case on an amended mortgage bond, holding that the amendment did not remove the monthly interest obligation and that the principal became due.
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