About this online course

Construction projects can be technically complex and dynamic, involving a multitude of parties and contracts. Most of these contracts are based on standard forms that are recognised internationally. Due to the unique nature of engineering and construction contracts, the laws (mostly common law, but also through statute) regulating the relationships, rights and responsibilities under these contracts have morphed into a separate area of law known as Construction Law.

This course introduces fundamental principles of Construction Law from a South African perspective, with a focus on standard form construction contracts like FIDIC, NEC and JBCC. It also provides insight into internationally recognised principles incorporated in South African Construction Law, equipping participants with essential knowledge on contract interpretation, management, and dispute resolution.

This course will include:

• Overview of the unique nature of the construction contract.
• Form and interpretation, including understanding how to read the contract documents making up standard form contracts.
• Common law principles underpinning Construction Law.
• Understanding the interplay between various parties to a construction project, and the relevant contract forms for each of them:
  • Mainly the relationship between employer, contractor and sub-contractor.
  • Understanding the unique role of the project manager as agent of the employer.
  • The professional team and related concepts.
• Key principles in Construction Law, including variation orders, scope of work, agency, risk allocation, indemnity, limitation of liability, and penalties.
• Responsibilities and liabilities of the parties.
• The different pricing regimes under construction contracts.
• The complexities of changes to the work and/or programme schedule, including the concept of a right to additional costs.
• Delay, disruption, and acceleration concepts.
• Claims processes and penalties
• Rights of set-off/deduction.
• Dealing with defects.
• Breach and remedies for breach.
• Force majeure difficulties.
• Retention, construction guarantees, and other securities.
• High level overview of dispute resolution regimes and principles.
• High level overview of dispute avoidance.

Presenter

Lize-Meré Ludick 

Lize-Meré Ludick is a partner at Bowmans in Johannesburg. She leads a team of specialised construction lawyers with expertise in commercial and litigious matters related to infrastructure and construction projects. Her practice focuses on contentious construction matters arising from standard form construction contracts, including advice on dispute avoidance strategies. She also advises various clients on renewable energy projects, including the South African Government’s Renewable Energy Independent Power Producer Procurement Programme, and other public-private partnership agreements. She is a qualified mediator, an Associate of the Association of Arbitrators, and holds memberships with the International Chamber of Commerce’s Young Arbitration and ADR Forum, the Society of Construction Law, the Construction Adjudication Association of South Africa, the Chartered Institute of Arbitrators, and the International Bar Association.

Sethu Khumalo

Sethu Khumalo is a Senior Associate in our  Johannesburg office at Bowmans in Johannesburg and a member of their Construction Law Team.

Mr Khumalo has both local and international experience having practiced as an associate at Allen & Overy and Cliffe Dekker Hofmeyr, before joining Bowmans in January 2024. His primary practice areas include both non-contentious and contentious construction matters related to standard form construction contracts such as NEC, FIDIC, GCC and JBCC as well as EPC contracts.
In addition to the above, he has experience in insurance related disputes and has acted for numerous insurers and/or brokers in this regard.

Mr Khumalo is also a member of the inaugural Young AFSA committee, which strives to promote the interest of young practitioners within the arbitration space.

Date
14 & 15 May 2025 | 13:00 – 16:00
Closing date for registrations: 13 May 2025

Certification

Both sessions are mandatory to qualify for a certificate.

• Legal and other professionals looking to improve their knowledge in Construction Law.
• Project managers or any person tasked with drafting, negotiating and managing construction projects, contracts, claims and disputes.
• Employers and contractors who use, or are interested in using, standard form engineering and construction contracts.

Registration fee categories (including VAT):

•    Practising legal practitioners and other staff from legal firms: R 1 800 per person.
•    Non-practising legal practitioners/others: R 2 650 per person.

Please note that registrations are processed individually for each course through the online registration system. For certification purposes, participants must register using their own email address. This ensures the system generates a unique username and password for each individual.

STEP 1: 
Payment must be made via electronic funds transfer (EFT) only. Please upload the proof of payment (PDF) in step 2 of the online registration form. If an invoice is needed to complete the payment, replace the proof of payment with a note (Word document) requesting the invoice.

LSSA banking details: Account name: Law Society of South Africa | Bank: FNB Pretoria | Branch code: 251445 | Account no: 6200 9641 079 | Reference: ENG1, Surname, Initials

CLICK HERE TO REGISTER 

E-mail: Bettie@LSSALEAD.org.za | Tel No 012 4414670

• The LSSA will not accept liability for fees not paid into the designated LSSA bank account.
• The course will be conducted in English only.
• The course will be delivered via MS TEAMS. Please ensure MS TEAMS is installed on your computer before the course begins.
• In compliance with company policy and copyright regulations, no recordings will be made available after the course.
• Course materials (PowerPoint Presentation) and the course link will be sent to you via email approximately 24 hours before the course begins.
• Please test the links as soon as you receive them. If you do not receive the email, check your junk mail folder. If it’s not there, contact Bettie Lubbe at Bettie@LSSALEAD.org.za.
• No cancellations will be accepted after the course materials and link have been shared. Participants who do not cancel in time or fail to attend will forfeit the course fee.
• To cancel your registration, you must do so in writing before the course materials and link are sent. Cancellations will not be accepted after this point, and failure to comply will result in the full fee being charged.
• LSSA/LEAD reserves the right to postpone or cancel any program due to insufficient demand. In the event of a cancellation, registered delegates will be given reasonable notice, and all fees paid will be refunded.

LEAD is one of the largest providers of legal professional education in South Africa and has been accredited as a legal education provider by the Legal Practice Council. LEAD provides access to quality learning that is relevant, accessible and affordable. LEAD offers an extensive range of learning activities and training options.