South Africa Case Law

Jovan Projects (Pty) Ltd v ICB Property Investments (Pty) Ltd (2020/32427)

Jovan Projects (Pty) Ltd v ICB Property Investments (Pty) Ltd (2020/32427) [2021] ZAGPJHC 836 (20 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/32427

Judge

Machaba

Summary judgment was granted for unpaid certified construction invoices. The court held the certificates were liquid documents and rejected the respondent’s defence and counterclaim.

• Summary Judgment
• Liquid Document
• Construction Contract
• Jbcc Principal Building Agreement
• Penalty Clause
• Counterclaim For Damages

Granbuild (Pty) Ltd v Minister of Transport And Public Works, Western Cape and Another (5021/2015)

Granbuild (Pty) Ltd v Minister of Transport And Public Works, Western Cape and Another (5021/2015) [2015] ZAWCHC 83 (5 June 2015)

Court

Western Cape High Court, Cape Town

Case number

5021/2015

Judge

Rogers

The court found that the guarantee issued by Compass was a conditional guarantee, requiring the existence of a right of recovery against Granbuild in terms of clause 33 of the JBCC contract. Such a right arises only when the principal agent issues a payment certificate reflecting an amount due from Granbuild to the Department. The mere cancellation of the contract does not constitute a right of recovery for purposes of the guarantee. Since no payment certificate or final account had been issued, the Department was not entitled to demand payment under the guarantee at the time of its letter da…

Source excerpt

• Construction Guarantee
• Interdict
• Contractual Interpretation
• Locus Standi
• Jbcc Principal Building Agreement