28 February 2023
In the world of contracts, the concluding of a contract is only the beginning of the process. Managing a contract to conclusion, including navigating all the pitfalls along the way, is just as big a part of the overall success of a contract. In this article we will explore the importance of correctly terminating a contract, as, let’s face it,
19 May 2022
The Covid-pandemic caused a major disruption to many commercial rental properties, with lessees claiming remission of rent because of their inability to use and enjoy the rental properties. Although subject to many factors, it is common cause that lessees have been able to claim remission of rent due to Covid-19. But what is the position when it co
15 November 2021
Our company recently had to provide a performance guarantee to guarantee work we have to do on a large civil project we have been contracted for. There have been a number of labour and environmental issues which have affected our ability to deliver with the contracted timeframes on the work, and the client is threatening to enforce our performance
14 July 2021
I rent a portion of a farm which forms part of a larger group of properties. In my lease agreement I have a standard right of pre-emption. It has come to my attention that the owner wishes to sell the entire portfolio of properties as a single transaction, including the portion I am leasing. I don’t want to lose the property, but I’m no
16 March 2021
I’ve been following the media reports relating to the Café Chameleon case and their claim that their business interruption insurance covers losses suffered due to Covid-19. The last I heard was that this case was being appealed by the insurer. I have a similar argument going with my insurers, and would like to know whether there is any
10 February 2021
After losing a tender, we lodged a complaint with the department against their awarding of the tender to a bidder who we are aware operates in a less than reputable fashion. The department informed us they would cancel the tender. Subsequently we have heard that although the tender was cancelled, the department wants to enter into a settlement agre
In the world of contracts, the concluding of a contract is only the beginning of the process. Managing a contract to conclusion, including navigating all the pitfalls along the way, is just as big a part of the overall success of a contract. In this article we will explore the importance of correctly terminating a contract, as, let’s face it,...
The Covid-pandemic caused a major disruption to many commercial rental properties, with lessees claiming remission of rent because of their inability to use and enjoy the rental properties. Although subject to many factors, it is common cause that lessees have been able to claim remission of rent due to Covid-19. But what is the position when it co...
Our company recently had to provide a performance guarantee to guarantee work we have to do on a large civil project we have been contracted for. There have been a number of labour and environmental issues which have affected our ability to deliver with the contracted timeframes on the work, and the client is threatening to enforce our performance ...
I rent a portion of a farm which forms part of a larger group of properties. In my lease agreement I have a standard right of pre-emption. It has come to my attention that the owner wishes to sell the entire portfolio of properties as a single transaction, including the portion I am leasing. I don’t want to lose the property, but I’m no...
I’ve been following the media reports relating to the Café Chameleon case and their claim that their business interruption insurance covers losses suffered due to Covid-19. The last I heard was that this case was being appealed by the insurer. I have a similar argument going with my insurers, and would like to know whether there is any...
After losing a tender, we lodged a complaint with the department against their awarding of the tender to a bidder who we are aware operates in a less than reputable fashion. The department informed us they would cancel the tender. Subsequently we have heard that although the tender was cancelled, the department wants to enter into a settlement agre...
I’ve grown up signing our business contracts with pen on paper. With Covid however, most of my suppliers send me their agreements electronically which I sign by adding a copy of my signature digitally or, in some cases using specific software through which I then add my signature. It does make things easier, but I was wondering how valid and ...
Our company is owed money by one of our contractor companies who we helped with finance and provided us with personal sureties by the shareholders as security for the transaction. They have been making promises that they will pay for some time and we left it, but now we are getting worried about prescription. We are also unsure whether if we act ag...
My business is 26% black owned but has been excluded from a number of tenders because of pre-qualification criteria for tenders being set at being at least 51% black owned. I’ve seen in the news though that this practice has been scratched by the courts. Is this true?
I recently had to sign a power of attorney authorising my attorney to act on my behalf in my property transfer. It just got me wondering about what exactly a power of attorney means and for how long it remains valid. Can you enlighten me?
I have a construction company which has been hard hit by the Covid-pandemic and although I have managed to keep our doors open and not retrench my employees, we are in dire straits. I understand that there are some tax relief measures which I can access to assist my company. Is this true?
I’m a minority shareholder in a company that has been approached by a buyer willing to buy out all the shareholders. Because of Covid-19 the company has suffered financially and I know that the shareholders holding more than 75% of the company will want to accept the offer even though I believe it to be far below the market value of the share...
I hold 20% shares in a private company that I bought into a few years ago. The majority shareholders heavily influence the directors who take decisions which in my view is not always in the best interests of the company or my own as a minority shareholder in the company. What remedies are available to me?
I’m a restauranteur and have suffered massive losses during the Covid-19 lockdown. I was just wondering whether there are any insurance options I may have or could look into to make up for some of the losses in my business due to Covid-19?
A few years ago, our company entered into a BEE transaction with BEE partners to address our ownership. In the transaction documents, restrictions were imposed on the BEE partners that they could not sell or encumber their shares for a period of at least ten years. These lock-in provisions were a necessary part of the financing and overall transact...
I’m the procurement manager for our company. We have a strong focus on BEE in our business and take great care in our procurement and the BEE position of our suppliers. Accordingly, I have noticed from the BEE certificates of many of our suppliers that they do quite poorly with their priority elements. This is strange, given the risk of dropp...
My business processes and stores quite a large amount of information relating to our clients. We are well aware of POPIA that has now come into effect and have been putting basic processes in place. However, I remain concerned that we are not doing enough/underestimating our obligations. What should I be preparing for?
With all attention being on Covid-19, people have forgotten that large parts of our country are still suffering from a prolonged drought. The drought and our suffering economy has made me look into selling my water use to a neighbour who urgently needs it and is willing to buy such from me and which money I could really use. However, I’m not ...
How can a business rescue plan help my business in tough My business has been struggling since the start of the Covid-19 pandemic and the national lockdown. I’ve been advised to consider business rescue but I am unsure about how I will get a business plan in place and what this will entail. Can you give some guidance here?times?
With all the Covid-19 happenings dominating the media lately, it nearly slipped through that some of the remaining provisions of the Protection of Personal Information Act came into effect on 1 July 2020. Does this mean that all businesses must now comply?
I was just about to put our house in the market and look for a new place when the Covid-19 pandemic hit. I’m very unsure if now is the time to buy and sell. What do you think?
I am a restaurant owner and my business has been adversely affected by the Covid-19 pandemic. I want to apply for relief funding, but I heard that my business needs to be B-BBEE compliant in order to qualify for such. How important is B-BBEE compliance in accessing relief assistance for my business?
Covid-19 relief – does my race, gender, age or disability matter?I am a small business owner and I am hoping to apply for financial relief from the Covid-19 pandemic. Will my company’s B-BBEE status or factors such as race, gender and disability be considered when I apply for the relief?
A year or two ago I asked my sister to stand as surety for me so I could buy a house for my family. I had a good job and felt comfortable in asking her to do so. She agreed and signed a surety agreement with the bank. With Covid-19 I’ve now lost my job and despite getting payment holidays from the bank, I’m not sure I will be ab...
With the outbreak of the coronavirus and the resulting lockdown I have found that many of the service providers to my business are using the coronavirus as an excuse to not meet their contractual obligations. We have all been affected by this, but at some point the virus cannot be a blanket excuse for not meeting your obligations. To what extent is...
I have a construction business that is operated in a close corporation. As we have not had much work during the last few months, my business has come under severe financial pressure. I still believe in the business and know things will pick up again, but right now we just don’t have the cashflow to pay our creditors. I’m considering bus...
I hardly ever receive statements from my credit providers. Surely, they should be sending me regular statements so I can see what I owe them. What does the law say about this?
Over the past few years I’ve come to understand what the Companies Act 71 of 2008 requires of me to manage my business legally and effectively. With talk of more amendments on the way, what should I be preparing for?