Commercial Contracting and Dispute Resolution

Advice and drafting of all types of commercial, business and other agreements and transaction documents, standardised contract formats, reviews and audits, risk assessments, negotiation, mediation and dispute resolution.

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Neil Esterhuysen

Director, Corporate and Commercial Law

PROFILE

Neil Esterhuysen

Director, Corporate and Commercial Law

PROFILE

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of c

Article

An introduction to mergers and acquisitions in South Africa

24 January 2024

Mergers and Acquisitions or ‘M&As’ have become integral components of South Africa’s corporate landscape and play a crucial role in... economic growth and development. In this article, we explore the legal framework and key considerations surrounding M&A transactions in South Africa by looking at the regulatory environment, c

133

Article

Navigating the Amendments to the Trust Property Control Act

30 August 2023

The Trust Property Control Act, a key piece of legislation governing South Africa's trusts, recently underwent a substantial transformation with... the passage of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act. This regulatory overhaul was aimed at strengthening the country's trust governance, a direct res

190

Article

Terminating a contract – beware of the fine print!

28 February 2023

In the world of contracts, the concluding of a contract is only the beginning of the process. Managing a contract... to conclusion, including navigating all the pitfalls along the way, is just as big a part of the overall success of a contract. In this article we will explore the importance of correctly terminating a contract, as, let’s face it,

595

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Remission of rent and sub-lessees

19 May 2022

The Covid-pandemic caused a major disruption to many commercial rental properties, with lessees claiming remission of rent because of their... inability to use and enjoy the rental properties. Although subject to many factors, it is common cause that lessees have been able to claim remission of rent due to Covid-19. But what is the position when it co

311

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How conditional is a performance guarantee?

15 November 2021

Our company recently had to provide a performance guarantee to guarantee work we have to do on a large civil... project we have been contracted for. There have been a number of labour and environmental issues which have affected our ability to deliver with the contracted timeframes on the work, and the client is threatening to enforce our performance

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