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Justification for the recognition of a new nominate contract based on project defect management
Thesis (LLD)--University of Pretoria, 2018.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2019
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| _version_ | 1867613633276542976 |
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| access_status_str | Open Access |
| author2 | Barnard, Jacolien |
| author_browse | Barnard, Jacolien |
| author_facet | Barnard, Jacolien |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2018. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/70102 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:14.996Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/70102 Justification for the recognition of a new nominate contract based on project defect management Barnard, Jacolien tngreeff@cssint.eu.com Kuschke, Birgit Greeff, Tanya Nicole UCTD Thesis (LLD)--University of Pretoria, 2018. This research sought to establish whether the general acceptance that the common construction and engineering contracts as falling within the classification of the locatio conductio under South African law is correct. As the classification of a contract attracts specific essentialia and naturalia, and then too certain implied terms one example of an implied term that would have practical relevance is specifically investigated: The warranty against latent defects. Through this example I seek to demonstrate the relevance and importance of establishing what the classification of these contracts is, and its ensuing essentialia and naturalia. The investigation commenced by firstly considering the classification of the common building, construction and engineering contracts, with reference to the South African publications of JBCC and GCC, as well as the internationally published FIDIC Silver Book, FIDIC Yellow Book, and FIDIC Red Book, as well as the NEC ECC Option A and Option B. With alternate dispute resolution mechanisms, such as adjudication and arbitration, resulting in limited publications by way of case law and academic writing on the subject (specifically in South Africa), English law and German law were also consulted. It was established that, unfortunately, the classification of the common building, construction and engineering contracts under South African law is problematic: It does not fit the ordinary and previously accepted classifications, specifically that of the locatio conductio. This makes it questionable whether the warranty against latent defects could be, and should be, implied into any one of these contracts. The recommendation, accordingly, is that it is crucial for the construction and engineering industry to carefully consider and develop the true and relevant essentialia and naturalia applicable to these contracts. Only then will there be certainly as to what may be implied into these contracts, and what will not so be implied. Until this is achieved, the parties to these contracts, in order to have certainty, must deal with aspects such as the warranty against latent defects by way of an explicit written term in the particular contract. Mercantile Law LLD Unrestricted 2019-06-02T11:40:05Z 2019-06-02T11:40:05Z 2019/04/04 2018 Thesis Greeff, TN 2018, Justification for the recognition of a new nominate contract based on project defect management, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/70102> A2019 http://hdl.handle.net/2263/70102 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Justification for the recognition of a new nominate contract based on project defect management |
| title | Justification for the recognition of a new nominate contract based on project defect management |
| title_full | Justification for the recognition of a new nominate contract based on project defect management |
| title_fullStr | Justification for the recognition of a new nominate contract based on project defect management |
| title_full_unstemmed | Justification for the recognition of a new nominate contract based on project defect management |
| title_short | Justification for the recognition of a new nominate contract based on project defect management |
| title_sort | justification for the recognition of a new nominate contract based on project defect management |
| topic | UCTD |
| url | http://hdl.handle.net/2263/70102 |