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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
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263
Article
Can a settlement agreement override fair tender procedures?
10 February 2021
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
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258
Article
How valid is signing an agreement electronically?
10 February 2021
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
show more
READ MORE
209
Article
Prescription and surety don’t always play well together
06 January 2021
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
show more
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249
Article
51% black equity tender pre-qualification criteria found to be invalid
06 January 2021
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?
show more
READ MORE
254
Article
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 bond. Surely, this enforcement of the bond must be subject to reasonableness?
show more
READ MORE
263
Article
Can a settlement agreement override fair tender procedures?
10 February 2021
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 agreement with the bidder to avoid litigation. Surely such a settlement agreement cannot override fair tender procedures?
show more
READ MORE
258
Article
How valid is signing an agreement electronically?
10 February 2021
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 binding these agreements are?
show more
READ MORE
209
Article
Prescription and surety don’t always play well together
06 January 2021
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 against the sureties, prescription will be halted for the contractor or may continue and we lose our claim against the company itself. Can you advise?
show more
READ MORE
249
Article
51% black equity tender pre-qualification criteria found to be invalid
06 January 2021
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?
show more
READ MORE
254
Article
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