Adjudication in South African construction industry practice : towards legislative intervention

Abstract

Adjudication in South African construction practice has, through various initiatives of the South African government and Construction Industry Development Board, the increased use of international standard form construction contracts, and the South African High Court’s robust approach in enforcing adjudicators’ decisions, become relatively commonplace in both the public and private sectors as the first tier in dispute resolution procedures on construction projects across the South African construction industry. This paper considers several judgements of the South African courts dealing with adjudication and certain of the South African government and Construction Industry Development Board’s initiatives which, together with South African construction industry adjudication practice, combine in solidifying a foundation for the implementation of a legislative framework underpinning the application and practice of adjudication in the South African construction industry.