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2020/04/02
WEBINAR - Role of the Common Data Environment (CDE) in Construction Projects - 2 April 2020

2020/04/06 » 2020/04/07
WEBINAR - Contract Comparison Overview: FIDIC 2017, NEC 4, GCC 2015 , JBCC 6.2 - 6 & 7 April 2020

The Association of South African Quantity Surveyors

All of us count!

Quantity Surveyors, project managers, cost engineers or anybody interested in the construction industry and built environment should find really useful information on this large web site dedicated to the quantity surveying profession in South Africa. Our Events Calendar lists seminars and events for quantity surveyors, cost engineers, project managers and other role players in the construction industry. Visit our online store to purchase contracts, documents, apparel and software or take time out to catch up on the latest "News". Browse around... we hope you enjoy your stay! Welcome. We're glad you're here.



LATEST NEWS



JBCC ADVISORY NOTE: EDITION 6.2

DOCUMENT/S
Principal Building Agreement
Nominated/Selected Subcontract Agreement
Minor Works Agreement (clause 17.0)

CORONAVIRUS (COVID-19) GLOBAL PANDEMIC – A FORCE MAJEURE EVENT?

"The COVID-19 scenario differs from all other delay and cost claims. The typical time bars in all standard form contracts to give notice or loose the opportunity to claim should not apply for this event – but the prompt provision of all relevant information by all involved to present and resolve the COVID-19 claims is critical. This Advisory Note attempts to provide the procedure parties have to follow as outlined in the JBCC May 2018 edition agreements"

Please click here to download the advisory note

The ASAQS wishes to thank Prof Tinus Maritz under whose guidance this much-needed advisory note was produced in record time.


Quote of the week

Life is 10% what happens to you and 90% how you react to it.

Charles R. Swindoll


The media may be calling it an “act of God”, but what does the law say about force majeure and COVID-19?

This excellent article by Justine Krige of Cliffe Dekker Hofmeyr appeared on the GoLegal website on the 20th March 2020 and looks at "...whether COVID-19 triggers a force majeure clause in a contract in the South African context, or potentially in terms of the common law in circumstances where no such clause exists in a contract."

Justine Krige says: "...Our law is, however, quite strict in the sense that it does not excuse the performance of a contract in all cases of force majeure, as was held by the court in Glencore Grain Africa (Pty) Ltd v Du Plessis NO & others [2007] JOL 21043 (O). There are certain conditions that must be fulfilled in order for a force majeure to trigger the type of impossibility that extinguishes a party’s contractual obligations. These are:

  1. The impossibility must be objectively impossible
  2. It must be absolute as opposed to probable
  3. It must be absolute as opposed to relative, in other words if it relates to something that can in general be done, but the one party seeking to escape liability cannot personally perform, such party remains liable in contract)
  4. The impossibility must be unavoidable by a reasonable person
  5. It must not be the fault of either party
  6. The mere fact that a disaster or event was foreseeable, does not necessarily mean that it ought to have been foreseeable or that it is avoidable by a reasonable person."

The article continues: "The court in Airports Company of SA Limited v BP Southern Africa (Pty) Limited and others [2015] JOL 34127 (GJ) confirmed that in the case that the parties made provision for this contractually, the consequences stipulated in the contract will take precedence over those in the common law. A contract can thus specify a list of excluded events, or contain a closed list of events that would trigger the force majeure clause and extinguish the parties’ obligations under the contract."

We advise that you visit GoLegal and study the full text by clicking here.


Staying optimistic as we go into lockdown

Dear ASAQS Member

Although we are entering extremely uncertain times, it is important to STAY POSITIVE. Nobody has any experience with being in lockdown, however we are all in this together.

With a twenty-one- day isolation restriction upon us, I wanted to take this opportunity to reach out to our members to say: “You are not alone”.

The announcement of the isolation period has understandably led to fear. In some cases, this fear brings out the worst in us and can leads to panic and hoarding.

In our profession, we are fortunate to be able to work from home. While building sites might be on hold, we are all still able to continue working brainstorming, connecting and planning for the future.

Chris Hadfield, an astronaut who spent 166 days in space, says the way to survive isolation is to start doing things. These things don’t necessarily have to be the things you always did before. Spend more time with your family, start a new project and/or hobby, learn something new, create, etc. As a Quantity Surveyor, this could be the time you learn to make the most of BIM technology in producing contract documents or investigate new communication methods.

Technology gives us many tools to deal with the issue of remote working and globalization, but few of us are using it to its full potential. If we use this time to upskill ourselves on digital technologies that can help us be more productive and communicate in ways that eliminate travel going forward – it could lead to a better outcome for your business and perhaps the wider industry.

For our mental health and to function well as humans, we need to belong to a community. I would like to encourage everyone to continue to reach out to colleagues, loved ones and people in your network during this time. Join online meetup groups, attend a webinar and arrange video calls with clients. Offer support. Connect.

The financial and psychological implications of a lockdown do not have to all be negative. When resources are limited, we are compelled to innovate. Let’s use this time to grow in our profession and as South African citizens. Avoid fake news and rather revert to the official Government website - https://sacoronavirus.co.za/.

In closing I would like to reiterate to STAY POSITIVE and see this unprecedented experience filled with OPPORTUNITIES rather than obstacles.

My best wishes go with you all, stay safe.

ASAQS President
Christelle Bown


The small business Covid-19 survival guide

Compiled by Marnus Broodryk

Marnus is an entrepreneur and the founder and CEO of The Beancounter (an accounting firm that helps small businesses turn their accounting system into a powerful business tool). He's best known for his appearance as a shark on M-Net's Shark Tank South Africa and his best-selling book "90 Rules for Entrepreneurs".

His e-book of 30 pages is crammed with tips and tricks gathered from other business owners.

Marnus says:"When we originally put the call out for ideas to 27,439 business owners on my mailing list (click here to join if you haven’t already), we never knew how big the response would be. But, it was big enough that we have to make an eBook out of all of the best ones. It’s a book of ideas, all of which are relevant in almost any era. Some of these may resonate with you. Some may be valuable to you. All should make you think. Because, if we want to see tomorrow, we need to get stronger today, and the easiest way to do that is to get stronger together."

Click here to download your copy


Free resources

Readers are invited to explore our ever-growing collection of free resources.

These can be found by visiting the Free resources section listed under Resources on our menu-bar and include several free publications.

Have you missed something? Browse to the News section!

Think you may have missed something browse to our news section, it might still be there.


Go to GoLearning to catch up on your CPD real quick

Fallen behind with your CPD? Need to catch up fast?

Fulfill - your CPD requirements when it suits you. Available 24/7/365
Affordable - at a fraction of the cost of a seminar
Streamlined - read the course-ware, do the multiple-choice, pass and print your certificate
Targeted - do courses according to your needs

Eat into your CPD requirements with GoLearning by clicking here.


  Weekend Property & Construction News


ANNOUNCEMENT OF FORTHCOMING CONGRESSES / CONFERENCES

In order to assist members to plan their diaries this year in terms of forthcoming congresses and conferences they may wish to attend, we publish the preliminary dates of some of these congresses for your attention:


ICEC World Congress

15-21 October 2020
Accra, Ghana
Presented as a joint conference with the Africa Association of Quantity Surveyors (AAQS). This will be hosted by the Ghana Institution of Surveyors (GhIS). Further details can be obtained from the Congress Website at:

www.icecaaqs2020.com

On behalf of the Congress Organising Committee, we would like to announce that the call for paper abstracts is now open. There are 2 categories for submissions – Technical & Academic. Please find attached details. Paper abstract submissions should be emailed to:

research@icecaaqs2020.com

The Abstract Submission Deadline is 31 March 2020


PAQS Congress 2020 - Disruption & Transformation
In the built environment

4-8 September 2020
Marina Bay Sands Singapore

Register before 31 March 2020 to enjoy the early bird discount
Register now


ASAQS SPONSORSHIP

What you get: :Banner adverts on the ASAQS website (over 60,000 page views/month on average!) A Mini-ad on the ASAQS website and on the Weekend Property and Construction News (over 10,700 subscribers) Preferential exposure of your products and services Targeted marketing at only R425.00 (excluding VAT) per month.
Don't wait, we only have a limited number of slots left.

Contact Bert van den Heever the ASAQS Webmaster


ASAQS DISCLAIMER

While the ASAQS aims to ensure that its publications represent best practice, the ASAQS does not accept or assume any liability or responsibility for any events or consequences thereof that derive from the use of documents or any other materials, software or resources as they are only intended to provide general guidance to those who wish to make use of it. Such publications, software or resources are provided "as is" without warranty of any kind, either expressed or implied including but without limitation to warranties of merchantability, fitness for a particular purpose and non-infringement.