by Jennifer Smit, Director and Head of Construction & Engineering, Boitumelo Rammala, Director, and Salome Rankapole, Senior Associate

Adjudication is intended to resolve construction disputes quickly, allowing projects to continue while disagreements are addressed. However, its application in South Africa raises questions about enforcement, costs and the effectiveness of the process.

In this podcast, Jennifer Smit, Boitumelo Rammala and Salome Rankapole discuss the practical challenges of adjudication, including prolonged proceedings, enforcement difficulties and the risk of the process becoming a mini-arbitration.

Drawing on approaches in the United Kingdom and Singapore, they consider potential improvements to South Africa’s framework and the importance of clear dispute resolution clauses when negotiating construction and engineering contracts.