by Mark Thomas, Director, Disputes and Expert Witness Services - Dubai
Mark Thomas, our Director of Disputes and Expert Witness Services, considers Covid-19 from a Middle East perspective, offering steps to preserve contractual rights and entitlements, privilege and confidentiality during settlement negotiations.
by David MacLellan, Paralegal - South Africa
The application of sampling has not always been well received by courts and tribunals, primarily because, by its nature, it alters the burden of proof. However, in situations involving numerous low-value items, such as minor but widespread defects, the cost and time required to prove each individual item can be prohibitive or, at least, disproportionate. This is where sampling evidence has been posited as a solution.
The construction industry is credit-heavy and complex, a very dangerous combination that often leads to contractors not getting paid on time and/or not receiving what they are due. With the works being carried out on credit, coupled with long and convoluted payment chains, there are many opportunities for money to fall through the cracks. However, with good housekeeping, efficient cash management and new government legislation, it is possible for contractors to protect and enhance their cash position.