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+27 33 815 1512 | info@atmd.co.za

By

Agrippa Mpungose
15
Jul

Suitable guarantees in construction projects

July 15, 2020,
Generally, a construction guarantee is required by the Employer from the contractor to provide the Employer with security in the event of default or non-performance by the contractor. The nature of construction guarantees can either be conditional or unconditional. The latter is referred to as an on-demand guarantee which is independent from the underlying construction...
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15
Jul

Can a shareholder claim damages, in his/her personal capacity, he/she has suffered as result of the wrong doing against a company?

July 15, 2020,
What happens when a company which suffered damages, chooses not to claim those damages against the wrongdoer? What are the rights of a shareholder whose share has suffered as a result? What is the legal position in such an instance? The Supreme Court of Appeal has brought clarity on this question in the case of...
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15
Jul

Letting out a state property – Does section 217 of the constitution apply?

July 15, 2020,
(Are you negotiating or about to sign that lease agreement with an organ of state? Make sure there is proper compliance with the law.) Section 217(1) of the Constitution provides that “When an organ of state in the national, provincial or local sphere of government, or any other institution identified in national legislation, contracts for...
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