Confact Core Construction CC v JLK Construction (Pty) Ltd (7926/20)
Confact Core Construction CC v JLK Construction (Pty) Ltd (7926/20) [2020] ZAWCHC 167 (25 November 2020)
The court found that the JBCC contract provided the applicant with an election between adjudication and arbitration for dispute resolution, and the applicant properly exercised its right to refer the dispute to adjudication after giving notice of disagreement. The respondent's argument that the time for adjudication had lapsed or that only arbitration was available after contract termination was rejected, as the contract language and context did not support such a limitation. The adjudication award is binding and enforceable unless and until set aside by arbitration, and the respondent failed…
Source excerpt
- Construction Contracts
- Adjudication Award Enforcement
- Jbcc Rules
- Dispute Resolution Clauses
- Stay Of Execution
- Arbitration Election