South Africa Case Law

Khavhakone Construction Group (Pty) Ltd v Housing Development Agency and Another (22632/2022)

Khavhakone Construction Group (Pty) Ltd v Housing Development Agency and Another (22632/2022) [2024] ZAGPPHC 1281 (5 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

22632/2022

Judge

Retief

High Court held that certified IPC 25 and IPC 26 were payable under the GCC, and that the contractor validly terminated the SLA for non-payment.

• Service Level Agreement
• Payment Certificate Dispute
• Termination Of Contract
• General Conditions Of Contract
• Interest On Judgment Debt
• Construction-law

Lohan Civils (Pty) Ltd v Tokologo Local Municipality (2676/2019)

Lohan Civils (Pty) Ltd v Tokologo Local Municipality (2676/2019) [2020] ZAFSHC 104 (12 June 2020)

Court

Free State High Court, Bloemfontein

Case number

2676/2019

Judge

Opperman

The court found that although there was no factual dispute on the papers, the grounds for leave to appeal and the arguments presented revealed that a severe dispute of fact may exist regarding the authority to issue the payment certificate and the inclusion of variation orders and contract price adjustments. The applicant's remedy may have been to cancel the contract rather than rely on the engineer's certificate. Given the potential for another court to reach a different conclusion and the possibility that the dispute of fact was too severe for resolution on affidavit, leave to appeal was gr…

Source excerpt

• Leave To Appeal
• Contractual Certificates
• Variation Orders
• General Conditions Of Contract
• Dispute Of Facts