News
because they were deemed ultra vires . Therefore , they would not pass the constitutional validity threshold if challenged .
Hattingh and CAASA were extensively involved in commenting on the draft standard and regulations , which were regarded by many experts as a sound step in the right direction and which have had significant success in other countries where adjudication is mandatory .
The issue of late and non-payment is also adequately addressed in the CIDB ’ s Best Practice Project Assessment Scheme : Standard for Minimum Requirements for Engaging Contractors and Sub-contractors on Construction Works that was issued in 2018 .
According to the CIDB , the date on which payment to the sub-contractor becomes due and payable is the date determined in the contract . However , this may not be later than 30 days after the date on which the sub-contractor has submitted the statement for payment according to the contract . It also suggests the manner of recourse to be taken by sub-contractors if they have not been paid within this period . They can request in writing that the employer confirm in written correspondence within 15 days whether the principal contractors has been paid in full or part for work completed .
In this standard , the CIDB again emphasises the need for a written contract to exist between principal contractor and sub-contractor and that the standard forms be used with minimal contract amendments that do not change the intended use . The exception is when amendments need to be included to accommodate special needs .
“ It is going to take a long time to get this model right , which relies on the relationships between sub-contractor , main contractor and employer . Meaningful change will not happen by the employer simply dictating terms for engagement . Until then , our LVDA provides some measure of protection to sub-contractors who simply could not afford conventional adjudication – least of all arbitration and litigation , with their associated costs , time and suffering . This one solution that we already have on the table will work very effectively if we apply ourselves ,” Hattingh concludes . RACA
“ The availability of black subcontracting skills and experience decline significantly as projects become more complex .”