With extensive experience in the management and resolution of building and construction disputes, the BDTSA is fast becoming is fast becoming a recognised and respected entity.

The BDTSA provides nationwide services to the building and construction industry as well as members of the general public.
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Concrete Disputes

Concrete work is usually undertaken in changing conditions. External factors such as the weather plays a critical part in carrying out the work.

 

Furthermore, ground conditions vary and is not constant from area to area. A concrete foundation needs to be adjusted in order to take into account whether the ground contains rock, buried rubbish or tree roots. The consistency of the ground also needs to be taken into account, e.g. whether the ground consists mainly of sand or clay. Ground conditions will have a direct impact on the quoted price as it will be extremely difficult to quote a set price without taking the subsequent conditions into consideration.

 

Concrete might also show signs of cracking over an extended period of time. Little to nothing can be done to avoid this, except for ongoing maintenance and remedial work. Due to the nature of concrete this is likely to end up in a debate between contracting parties due to the high cost of the remedial or maintenance steps on the one hand and the aesthetics of the surface on the other hand.

Technical (in the legal sense) disputes – these are disputes that arise out of non-compliance with the technical requirements for making and responding to payments.

Merit based disputes are disputes about the merits of the parties arguments in terms of the construction contract that governs their relationship.

 

Remember that the contract could be orally or in writing. For obvious reasons a written contract is the first prize as oral contracts are sometime difficult to prove.

Typical merits-based disputes include disputes in relation to:

 

• non-payment for work undertaken;
• contract interpretation – what the parties actually agreed;
• scope of work;
• quality of work;
• quality of materials;
• time for completion;
• estimates vs actual cost;
• variations – whether certain work is in fact a variation to the agreed scope of work and the value of that varied work;
• defective work;
• scope and cost of rectification work.