ARTICLE · 11 SEPTEMBER 2023

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Upholding Contractual Integrity: Sasol vs Murray & Roberts

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Supreme Court of Appeal judgment offered clarity on construction contract interpretations, setting precedents for future adjudication processes.

South AfricaReal Estate and Construction

Gerard Van Beek

Supreme Court of Appeal judgment offered clarity on construction contract interpretations, setting precedents for future adjudication processes.

In an important 2021 ruling, South Africa's Supreme Court of Appeal (SCA) illuminated key aspects of contract law, emphasising the sanctity of due process and the binding nature of adjudication decisions. This pivotal judgment arose from a dispute between Sasol and Murray & Roberts.

The origins of the dispute can be traced to a contract where Murray & Roberts were commissioned for engineering and construction services at Sasol's Secunda plant. Embedded within the contract were prescribed guidelines for a Project Manager (PM) and provisions for dispute resolution under Option W1 of the NEC3 Engineering and Construction Contract.

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