As a reflection of the type of services CHRIS ROOS & ASSOCIATES provides to the industry, below some of our assignments undertaken.

  • Assisted a contractor in Limpopo with the drafting of the particulars of claim for a combined summons for damages where the contractor terminated due to the Employer failing to comply with the payment terms (GCC 2015, R4M).
  • Assisted a legal practitioner in Limpopo with the drafting of a provisional sentence application based on a practical completion certificate issued by the Principal Agent and where a final completion certificate was deemed achieved (JBCC4.1, R15M).
  • Provided a commercial opinion to a contractor in the Eastern Cape where a municipality terminated a contract shortly after awarding it (GCC 2015 Contract).
  • Provided a commercial opinion to a construction company based in Woodstock for works executed on a wine estate where the contractor was instructed by the Principal Agent to deviate from the formalities in submitting its substantiated claim (JBCC 2014 Contract, R6M).
  • Provided a commercial opinion to a housing consumer in Hermanus where the contractor deviated from design, building standards and regulations with the execution of insulation works (Bespoke Contract, R4.6M), also representing the client in arbitration proceedings.
  • Representing an African based heavy engineering company with headquarters in Bloemfontein in arbitration proceedings with a roads infrastructure project in Ladysmith (Value R22M, NEC3 ECC Contract).
  • Representing an African based supplier of civil, roads, building and property development services in the Western Cape in arbitration proceedings on a business park development (Value R60M, JBCC2014 Contract).
  • Provided a legal and commercial opinion to a contractor based in Plettenberg Bay where an organ of state never awarded a tender to the contractor for which it was the highest ranked tenderer, and whereupon the Employer then re-issued the tender two months later, upon which it was awarded to another tenderer (Value R60M).
  • Provided engineering and construction commercial advisory services to a luxury vehicle manufacturer based in Port Elizabeth, assisting in developing standardised operating and maintenance contracts for plant purposes (NEC3/4 Contracts).
  • Provided engineering and construction commercial advisory services to an African based heavy engineering company with a roads infrastructure project in Ladysmith (Value R22M, NEC3 ECC Contract).
  • Provides ongoing engineering and construction commercial advisory services on a retainer basis to a leading designer, manufacturer and builder of pre-cast concrete structures in Polokwane. Also assisting with contracting strategies and contract reviews including the implementation of standardised contracts.
  • Provides ongoing engineering and construction commercial advisory services to an African based supplier of civil, roads, building and property development services in Western Cape on a business park development (Value R60M, JBCC2014 Contract).
  • Provided a legal and commercial opinion to a quantity surveying firm based in Windhoek, Namibia relating to a claim pertaining to a delay to practical completion on a building upgrade project (Value N$11.3M, White Form of Contract).
  • Provided a legal and commercial opinion to a subcontractor based in Gauteng wrongly accepting liability for damages for the collapse of a a loffel wall (Value R1.3M, JBCC2014 Contract).
  • Provided a legal and commercial opinion to a consulting engineering firm in Polokwane on a contractor's claim for being delayed due to the Employer running out of funds delaying the completion of the works (Value R330M, GCC2010 Contract).
  • Acted on behalf of a contractor based in the Western Cape disputing the accuracy of the contractor's/ employer's final statement (R11M, NEC3 ECC Contract).
  • Representing a construction company specializing in the fabrication and erection of structural steel, platework, steel bulk storage tanks based in Mpumalanga in arbitration proceedings (Value USD20M, Bespoke FIDIC Redbook).
  • Provided ongoing engineering and construction commercial advisory services to a construction company specializing in the fabrication and erection of structural steel, platework, steel bulk storage tanks based in Mpumalanga with projects in Mozambique (Value USD102M, Bespoke FIDIC Redbook).
  • Provided ongoing engineering and construction commercial advisory services to a construction company specializing in the fabrication and erection of structural steel, platework, steel bulk storage tanks based in Mpumalanga with projects at Medupi and Kusile Power Stations (in excess of R700M, Bespoke FIDIC Redbook).
  • Provided a legal and commercial opinion to attorneys in Wellington including ongoing support for a private home owner where the contractor working for a property developer of an estate development went into liquidation and then brought a claim against the home owner (Value R850K, Bespoke Construction Contract).
  • Provided engineering and construction commercial advisory services to a 3D design company based in Cape Town on NEC3 contracts for design work on the Saldanha Gas Project.
  • Developed the contracting strategies for a consulting engineering firm in Sandton making use of the NEC3 suite of contracts for a large scale building project.
  • Provided engineering and construction commercial advisory services to a global South African FMCG listed company with the design and build of one of the largest bakeries on the continent of Africa in the Western Cape (FIDIC Silver EPC Contract).
  • Provided engineering and construction commercial advisory services to a large concrete contractor in Bloemfontein with a dispute on procured material not paid by the Employer in the absence of a contract (GCC2010 Contract).
  • Appeared in the High Court of Port Elizabeth on attorney referral enforcing an arbitration award in favour of Contractor against a parastatal (JBCC Contract). 
  • Appeared in the High Court of the Western Cape on attorney referral on behalf of a Contractor based in Hermanus against a private employer with regards to a dispute in terms of the JBCC contract. The Employer disputed the validity of the dispute resolution clauses in terms of the Consumer Protection and Arbitration Acts. The Court ruled the JBCC contract to be a transaction in terms of the Act. Alternatively the question is now asked whether a Contractor can be held responsible for deviating from a design in order to comply to national building standards and regulations.
  • Provided engineering and construction commercial advisory services to a German firm specialising in power plant design and built - provided a review and the particular conditions on the FIDIC EPC Silver Book for application in the South African environment.
  • Provided engineering and construction commercial advisory services to attorneys in Nelspruit and Mahikeng respectively on JBCC contracts for the purpose of provisional sentences against organs of state not honouring their payment obligations following completion of projects.