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: “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.”
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.
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.
The course is presented in monthly modules over a year. Applications are open for 2016.
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