Grenco Projects and Construction CC v Hermanus Esplanade Dev Co (Pty) Ltd (4260/2024)
Grenco Projects and Construction CC v Hermanus Esplanade Dev Co (Pty) Ltd (4260/2024) [2024] ZAWCHC 172; [2024] 3 All SA 504 (WCC); 2024 (6) SA 500 (WCC) (18 June 2024)
The court found that while the respondent bona fide disputes the claims underlying the JBCC payment certificates on reasonable grounds and these disputes are subject to pending arbitration, the JBCC contract specifically provides that adjudicator's determinations must be implemented pending arbitration. The payment certificates are not immune from dispute, but the contract compels payment unless and until overturned by arbitration. However, in the exercise of its discretion, the court considered the progression of the arbitration, the respondent's financial position, and the potential adverse…
Source excerpt
- Company Liquidation
- Jbcc Construction Contract
- Payment Certificates
- Arbitration Pending
- Badenhorst Rule
- Statutory Demand