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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Roofing Disputes

Many building projects are not well co-ordinated and roofing works are in fact time critical in terms of holding costs for scaffolding and delay to other trades that require protection from the weather such as interior fittings. In addition, owners will often request changes/variations to the scope of work and specification as work progresses and no price will be agreed in advance.

 

South Africa is a diverse country and one of the areas where this is transparent is in the various different building styles of our homes and properties. Each different building style will require a different roof structure, whether tiled, sink roof or straw, with its own set of requirements and obstacles.

 

Make sure your builder is knowledgeable about the specific roof required for your building work before you conclude the contract. The last thing you want is to start dispute proceedings due to a leaking roof after the first rains.

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.