MDA ADJUDICATION SURVEY
INDICATES A SURGE IN
CONSTRUCTION ADJUDICATIONS
Construction and technology law firm
and construction adjudication experts MDA
Attorneys has reported an increase of 65%
in the number of adjudications in the South
Africa construction industry in 2017 compared
to the previous year. This clearly indicates the
industry’s preference to embrace adjudication
as an efficient way to resolve disputes.
MDA released the findings of its third
annual Adjudication Survey last month - the
only survey of its kind in SA. Euan Massey,
MDA Director, says that the results provide
some anecdotal statistical insight regarding
the use of adjudication in local industry.
“The perception of the efficacy of
adjudication in resolving disputes is
growing, judging by the fact that in 73% of
the adjudications, there was no notice of
dissatisfaction issued (this means that that
the decisions were accepted as final and
binding). Of the remaining 27% only a few of
these disputes were referred to arbitration.
Many construction law practitioners criticize
adjudication and advise their clients to bypass
it and head directly into arbitration, but
these percentages indicate that adjudication
remains an effective and economical form
of dispute resolution,” says Massey.
The MDA Adjudication Survey reveals that
there is a growing trend to conduct a hearing
as part of the adjudication procedure. “The
upward trend in hearings is interesting and
could be cause for concern. Typically the
purpose of hearings is for the adjudicator to
raise questions and for the parties to make
submissions. However, there are instances
where hearings are used for the leading of
evidence and there is a risk that adjudication
hearings could morph into a form of mini-
arbitration. If this happens, adjudication loses
its attraction as a way to deal with disputes
swiftly and at lower cost,” explains Massey.
Adjudicator performance is improving.
“This year, we found that 92% of decisions
were issued on time – a significant
increase from 78% the previous year.
Contractors are proving more successful
than employers in disputes with 55% of
decisions in favour of contractors,” he says.
REVELSTONE WINS CMA TROPHY FOR
CLADDING PROJECT
Cape-based cast-stone manufacturer, Revelstone, was one of four Overall
Trophy winners in this year’s CMA Awards for Excellence competition.
The award was made for a wall-cladding project at Cape Town International
Airport’s International Departures hall.
Commenting on the project, the judges said that besides displaying an
African wildlife scene, the mural embodies the creative use of precast concrete,
demonstrating how the material can be successfully deployed for works of art.
Revelstone director, Alexander Cyprianos, says that the project is a prime
example of how precast concrete cladding, in this instance Revelstone’s Viking
Random Cladding, can be used to mimic natural rock, and how it assisted the
artist on this project to skilfully portray cheetahs in their natural habitat.
Based on inspirational input from the conceptual team of the main contractor,
Matrix Communications, the mural design and the construction of the wall was
executed by Matrix Communications artists, Warren Barren and Archie Birch.
Once the concept and its ensuing design had been approved by the client,
it was transposed onto the wall which measured 25m x 2.5m. This process
involved identifying the shape, size and colour of each cladding block and its
precise position, much like a jigsaw puzzle.
Produced in three colours, Autumnstone, Charcoal and Robben Island, and
cast in 20 individual moulds, some of the cladding blocks were cut by hand to
achieve a faithful rendition of
the design.
www.revelstone.co.za
The results of the survey are available on:
www.mdalaw.co.za
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