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South Africa decisions
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Optipower a trading division of Murray & Roberts Limited v Goldwind 4RE SA (Pty) Ltd (016154-2022) [2023] ZAGPJHC 794 (17 July 2023)
The High Court refused summary judgment on a certified interim payment claim and stayed the claim pending arbitration over delay damages and set-off.
Phethogo Consulting (Pty) Ltd and Others v MEC: Free State Provincial Government: Department of Public Works and Infrastructure (5009/2021) [2022] ZAFSHC 346 (7 December 2022)
The court found that the interim payment certificate issued in terms of the construction contract is a liquid document, amounting to an acknowledgment of debt by the respondent. The respondent failed to advance any valid defence to payment, as the contract expressly provided for the CPAP base month and the obligation to pay certified amounts within 21 days. The respondent's arguments regarding budgetary constraints, pending final invoice, and alleged prematurity of the application were rejected as inconsistent with the contract terms and irrelevant to the applicants' right to payment. The cou…
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MEC for Department of Human Settlements, Eastern Cape Province v Aveng Grinaker - LTA Building Cape (Pty) Ltd (EL 459/2015) [2021] ZAECGHC 56 (8 June 2021)
The High Court dismissed an appeal over a construction claim, holding the department was contractually bound to pay an interim payment certificate for delay-related losses.
Johnny Bravo Construction CC v Khato Consulting Engineers CC (2315/2014) [2015] ZAFSHC 5 (5 February 2015)
High Court application over an interim payment certificate was postponed for oral evidence after fraud was put in issue.
Esor Africa (Pty) Ltd/ Franki Africa (Pty) Ltd Joint Venture v Bombela Civils Joint Venture (Pty) Ltd (12/7442) [2013] ZAGPJHC 407 (12 February 2013)
High Court enforcement of a FIDIC DAB decision: notice of dissatisfaction did not suspend the obligation to pay pending arbitration.
Axton Matrix Construction CC v Metsimaholo Local Municipality (2778/2011) [2012] ZAFSHC 196 (24 October 2012)
Leave to appeal was dismissed in a dispute over an interim payment certificate, contract variation, and unpaid amounts under a municipal construction contract.
Whiteleys Construction v Carlos Nunes CC (2924/09) [2009] ZAFSHC 128 (10 December 2009)
The court rescinded a default provisional sentence judgment after finding a reasonable explanation for default and a bona fide defence based on overpayment.
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