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Our Insights

Contract Management

Advice and support in respect of contract management, contract storage, risk and liability assessment, contract reviews, contract due diligences, contract management policies and procedures, standardised contract formats.

Team
Insights

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

592

Article

Can a settlement agreement override fair tender procedures?

10 February 2021, Clifton Motshepe

After losing a tender, we lodged a complaint with the department against their awarding of the tender to a bidder... who we are aware operates in a less than reputable fashion. The department informed us they would cancel the tender. Subsequently we have heard that although the tender was cancelled, the department wants to enter into a settlement agre

322

Article

How valid is signing an agreement electronically?

10 February 2021, Neil Esterhuysen

I’ve grown up signing our business contracts with pen on paper. With Covid however, most of my suppliers send me... their agreements electronically which I sign by adding a copy of my signature digitally or, in some cases using specific software through which I then add my signature. It does make things easier, but I was wondering how valid and

433

Article

Prescription and surety don’t always play well together

06 January 2021, Clifton Motshepe

Our company is owed money by one of our contractor companies who we helped with finance and provided us with... personal sureties by the shareholders as security for the transaction. They have been making promises that they will pay for some time and we left it, but now we are getting worried about prescription. We are also unsure whether if we act ag

402

Article

51% black equity tender pre-qualification criteria found to be invalid

06 January 2021, Neil Esterhuysen

My business is 26% black owned but has been excluded from a number of tenders because of pre-qualification criteria for... tenders being set at being at least 51% black owned. I’ve seen in the news though that this practice has been scratched by the courts. Is this true?

370

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The underlying agreements may determine whether the National Credit Act applies to your transaction

07 June 2019, Clifton Motshepe, Neil Esterhuysen

My company rents out large construction equipment to developers. One developer has fallen behind in its rental payments. Using the... shareholder sureties we hold we have negotiated a settlement agreement for the outstanding rentals and interest with the developer, but they have now again fallen behind. We have warned them that we will institute actio

315

Article

How conditional is a performance guarantee?

15 November 2021

592

Article

Can a settlement agreement override fair tender procedures?

10 February 2021, Clifton Motshepe

322

Article

How valid is signing an agreement electronically?

10 February 2021, Neil Esterhuysen

433

Article

Prescription and surety don’t always play well together

06 January 2021, Clifton Motshepe

402

Article

51% black equity tender pre-qualification criteria found to be invalid

06 January 2021, Neil Esterhuysen

370

Article

Best Legal Q&A 2018/2019

05 June 2019, Clifton Motshepe, Lucian Companie, Neil Esterhuysen, Shae-Lee Scott, Surita Janse van Rensburg

Best Legal Q&A is a compilation of top legal articles written by legal professionals practising at member firms in the... Phatshoane Henney Group of Associated Law Firms. These articles have been written in response to real-life questions and scenarios encountered by professionals during 2018 across the Phatshoane Henney Group. The articles are written in a hands-on question and answer style offering practical solutions and recommendations that are plain to understand and easy to incorporate into everyday life. This publication is a useful reference tool for both informed and uninformed readers and should be kept at hand as a useful resource for answering some of those difficult daily legal questions.Please click on the link above to view our Best Legal Q&A 2018/2019.

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