RMV Engineering Projects (Pty) Ltd v Pro-Serve Consulting (Pty) Ltd (40842/20)
RMV Engineering Projects (Pty) Ltd v Pro-Serve Consulting (Pty) Ltd (40842/20) [2021] ZAGPPHC 791 (19 November 2021)
The court found that the adjudicator's determination, although delivered after the contractual four-week period, is valid and enforceable as a matter of contractual obligation. The contract did not expressly make time of the essence or provide that late determinations are invalid. The respondent failed to notify dissatisfaction or refer the dispute to the tribunal as required by the contract. The determination was sufficiently reasoned and complied with the agreement. The respondent is liable to pay the awarded amount and interest as per the adjudicator's determination. Costs are awarded to t…
Source excerpt
- Adjudication Enforcement
- Construction Contracts
- Contractual Dispute Resolution
- Late Award Validity
- Interest On Awards