There is likely to be increased demand for trained adjudicators as a result of the implementation of Construction Industry Development Board’s (cidb) proposed Prompt Payment Regulations and Adjudication Standard for contracts in both the public and private sectors.
Expected to be implemented shortly, the legislation introduces a mandatory statutory form of adjudication as a fair, rapid and inexpensive mechanism for resolving disputes to increase cash flow in the construction industry.
Vaughan Hattingh, director and adjudication practitioner with MDA Consulting (Pty) Ltd, says that adjudication has been implemented by the South African construction industry for many years as the preferred dispute resolution procedure. He explains that enforcement of the adjudicator’s decision is critical to the success of the prompt payment regulations.
“For several years, South African courts have supported the adjudication procedure by implementing a robust approach in enforcing adjudicators’ decisions repeatedly; by determining that adjudicators’ decisions are enforceable as a matter of contractual obligation and by acknowledging that furnishing notice of dissatisfaction does not prevent enforcement. Parties are required to comply with and promptly implement the adjudicator’s decision,” he says.
One of the success factors is competent and qualified adjudicators to rule on disputes in this sector.
Hattingh, together with Professor Maritz (head of the department of Construction Economics at the University of Pretoria) has designed, developed and facilitate the Certificate Programme in Construction Adjudication presented by the Centre for Continuing Education at the University of Pretoria. This certificate programme, going into its fourth year, continues to produce skilled qualified adjudicators into the South African construction industry.
The programme is specifically designed for both construction and legal professionals who have experience in the construction industry and currently advise, assist or represent parties to construction adjudications and construction disputes, practice or intend practicing as adjudicators or have a particular interest in construction law, claims and contracts.
It covers:
- an introduction to South African law and legal theory
- construction practice and technology
- South African and international construction law – principles and application – including an in-depth study of the four CIDB endorsed standard form construction contracts
- construction claims and disputes
- dispute resolution and adjudication procedure and practice
The course is presented in monthly modules over a year. Applications are open for 2016. More information on info@ce.up.ac.za or 012 434 2500.
