The document discusses several cases related to objections, complaints, and appeals by unsuccessful bidders in South African municipal tender processes. It summarizes key principles from cases such as Groenewald v M5 Developments, which found that unsuccessful bidders have a right to appeal under Section 62 of the Municipal Systems Act. However, the appeal authority cannot revisit all tenders or award a tender to a bidder who did not appeal. The document also discusses differences between Section 62 appeals and objections/complaints processes under Regulations 49 and 50, noting Section 62 establishes an internal remedy while objections/complaints do not.
Objective Criteria used to evaluate and award bids R EsauRaymond Esau
The document discusses the objective criteria that can be used to evaluate and award bids/tenders according to South African law. It summarizes several key court cases that have helped define what constitutes objective criteria for deviating from awarding a tender to the highest scoring bidder. The cases establish that objective criteria must be additional to the preferential procurement criteria of race, gender, and disability advancement. Functionality has been both included and excluded as an objective criterion.
The document summarizes the key reasons for enacting the Consumer Protection Act in India in 1986. It notes that previously, consumer rights were not well protected under the doctrine of caveat emptor. It also cites issues like collective bargaining by sellers, multiple existing consumer laws, and barriers to litigation that necessitated stronger consumer protection. The act aims to provide better protection of consumer interests through consumer councils and other authorities to enable easier redressal of consumer disputes.
This document is a non-circumvention, non-disclosure, and working agreement between multiple parties. It establishes that the parties will not circumvent each other in business transactions, will keep each other's contacts and sources confidential, and will share benefits from deals equally. If any party circumvents the agreement, they will owe monetary compensation. Disputes will be resolved through arbitration with the International Chamber of Commerce. The agreement is valid for a set time period and can be renewed by the signatories.
Paper6 laws, ethics and governance - june-2015Jaipal P
This document contains an academic syllabus and study notes on laws of contracts from The Institute of Cost Accountants of India. It includes sample questions and answers on various contract law topics. Specifically, it discusses the validity of different types of agreements, consideration for contracts, liability for defective goods, damages for breach of contract, and agency relationships between spouses for household purchases. The key points covered are the essential elements for a valid contract, exceptions for agreements that are against public policy or in restraint of trade, and when parties may claim compensation for losses arising from a breach of contract.
This document summarizes key points from several pages of a legal document regarding contract law. It discusses the essential elements of a valid contract, including consent, a certain object, and consideration. It also describes the different stages of a contract from negotiation and perfection to consummation. Additionally, it notes that acceptance of an offer must be communicated to the offeror for a contract to be formed and that qualifications or changes to an offer constitute a counteroffer rather than acceptance.
Shanique Myrie v Barbados- A Silver Lining?Liam Nabbal
This paper provides an insight into the recent landmark decision of the Caribbean Court of Justice in Shanique Myrie v The State of Barbados [2013] CCJ 3 (OJ) and a comparative analysis on previous case law of the Court with regard to its test for damages.
Comment on Rudisa Beverages & Juices n.v. Caribbean International Distributor...Liam Nabbal
This essay seeks to analyse the judgment delivered by the Caribbean Court of Justice in the recent case Rudisa Beverages & Juices v Guyana [2014] CCJ 1 (OJ).
Objective Criteria used to evaluate and award bids R EsauRaymond Esau
The document discusses the objective criteria that can be used to evaluate and award bids/tenders according to South African law. It summarizes several key court cases that have helped define what constitutes objective criteria for deviating from awarding a tender to the highest scoring bidder. The cases establish that objective criteria must be additional to the preferential procurement criteria of race, gender, and disability advancement. Functionality has been both included and excluded as an objective criterion.
The document summarizes the key reasons for enacting the Consumer Protection Act in India in 1986. It notes that previously, consumer rights were not well protected under the doctrine of caveat emptor. It also cites issues like collective bargaining by sellers, multiple existing consumer laws, and barriers to litigation that necessitated stronger consumer protection. The act aims to provide better protection of consumer interests through consumer councils and other authorities to enable easier redressal of consumer disputes.
This document is a non-circumvention, non-disclosure, and working agreement between multiple parties. It establishes that the parties will not circumvent each other in business transactions, will keep each other's contacts and sources confidential, and will share benefits from deals equally. If any party circumvents the agreement, they will owe monetary compensation. Disputes will be resolved through arbitration with the International Chamber of Commerce. The agreement is valid for a set time period and can be renewed by the signatories.
Paper6 laws, ethics and governance - june-2015Jaipal P
This document contains an academic syllabus and study notes on laws of contracts from The Institute of Cost Accountants of India. It includes sample questions and answers on various contract law topics. Specifically, it discusses the validity of different types of agreements, consideration for contracts, liability for defective goods, damages for breach of contract, and agency relationships between spouses for household purchases. The key points covered are the essential elements for a valid contract, exceptions for agreements that are against public policy or in restraint of trade, and when parties may claim compensation for losses arising from a breach of contract.
This document summarizes key points from several pages of a legal document regarding contract law. It discusses the essential elements of a valid contract, including consent, a certain object, and consideration. It also describes the different stages of a contract from negotiation and perfection to consummation. Additionally, it notes that acceptance of an offer must be communicated to the offeror for a contract to be formed and that qualifications or changes to an offer constitute a counteroffer rather than acceptance.
Shanique Myrie v Barbados- A Silver Lining?Liam Nabbal
This paper provides an insight into the recent landmark decision of the Caribbean Court of Justice in Shanique Myrie v The State of Barbados [2013] CCJ 3 (OJ) and a comparative analysis on previous case law of the Court with regard to its test for damages.
Comment on Rudisa Beverages & Juices n.v. Caribbean International Distributor...Liam Nabbal
This essay seeks to analyse the judgment delivered by the Caribbean Court of Justice in the recent case Rudisa Beverages & Juices v Guyana [2014] CCJ 1 (OJ).
The document discusses issues relating to taxation and quantitative restrictions under the Revised Treaty of Chaguaramas (RTC).
It first addresses a 10% charge imposed on tamarind balls in St. Katts, summarizing that the charge is indirectly discriminatory and in breach of Article 90 of the RTC as it protects domestic products. It also discusses a requirement for certificates of origin on imports to St. Katts, finding it to be a measure of equivalent effect to a quantitative restriction in breach of Article 91 of the RTC.
The second part of the document addresses a 20% tax imposed by Barbarous on fruit wine, mainly imported from Trini. The summary concludes that the tax is likely indirectly discriminatory
Stefania Passera's public lecture, as part of her doctoral defense on 18.8.2017 at Aalto University School of Science (Espoo, Finland).
Link to the dissertation: http://urn.fi/URN:ISBN:978-952-60-7528-0
Link to the video of the lecture: https://youtu.be/7_h5qIjLwRw
Link to the press release: http://www.aalto.fi/en/midcom-serveattachmentguid-1e77c07776aaf3e7c0711e7b56095e34dd2531f531f/vaitostiedote_passera_stefania_fi.pdf
Beyond the wall of text: how information design can make contracts user-friendlyStefania Passera
My presentation at the HCI International Conference 2015 in L.A.
Related paper available here [http://www.springer.com/us/book/9783319208978], or just send me an email for the author manuscript version!
Sbd procurement of goods section vii general conditions-2Joy Irman
The document outlines the general conditions of a contract for the procurement of goods. It covers key areas such as scope of supply, delivery, documentation, responsibilities of the supplier, contract price, terms of payment, taxes, performance security, intellectual property, confidentiality, subcontracting, specifications, packing and documents. The contract aims to clearly define the obligations and responsibilities of both parties regarding the supply of goods and related services.
VENDOR AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Sbd procurement of goods section vii general conditions-1Joy Irman
The document summarizes key definitions and clauses from General Conditions of Contract for procurement of goods. It defines terms like Bank, Contract, Contract Price, Completion, GCC, Goods, Purchaser's Country, Purchaser, Related Services, and SCC. It also outlines clauses around contract documents, fraud and corruption, interpretation, language, joint ventures, eligibility, notices, and governing law.
Sbd procurement of goods section vii special conditionsJoy Irman
This document outlines special conditions of contract for the procurement of goods. It specifies details like the purchaser's country, project site locations, applicable trade terms, governing law, arbitration procedures, shipping document requirements, payment terms, performance security requirements, and insurance coverage. Key information includes the purchaser's address, contract language, dispute resolution process, payment schedule including advance, shipment and acceptance terms, performance security amount if required, and packing/marking requirements.
UK Adjudicators September 2019 newsletter discussing construction adjudication around the world with a look at the UK, Singapore and Australia in this edition.
The document summarizes the key aspects of the Consumer Protection Act 1986 in India. It defines important terms like "complaint", "consumer", "defect", "deficiency", and "service". It outlines the consumer dispute redressal agencies and their jurisdictions. It also describes the process for filing complaints, the powers of the district forums, the types of relief available, and penalties for non-compliance.
The document summarizes key aspects of Indian contract law as established in the Indian Contract Act of 1872. Some main points:
1. The Indian Contract Act of 1872 is the main source of contract law in India and was passed based on principles of English common law.
2. It determines the circumstances in which promises made by parties to a contract will be legally binding.
3. The Act establishes essential elements for a valid contract such as offer, acceptance, lawful consideration, competent parties, and free consent.
1. This manpower supply agreement is between Makshi Infotech Pvt Ltd and another party to source qualified candidates for job openings at Makshi Infotech for one year.
2. The agreement outlines a fee structure where Makshi Infotech will pay the other party a payout amount for each candidate sourced and appointed within 60 days.
3. The roles covered include telecallers, senior executives, and others, with varying payout amounts depending on the role and duration of employment of the candidate.
The document discusses key aspects of the Consumer Protection Act 1986 and Information Technology Act 2000 in India.
The Consumer Protection Act was enacted to better protect consumer interests and established consumer dispute redressal agencies at district, state and national levels to address complaints. It defines terms like complaint, consumer and defect. The Information Technology Act provides legal recognition to electronic communications and records. It recognizes digital signatures authenticated by Certifying Authorities and aims to facilitate e-governance.
The document discusses key aspects of contract law under the Indian Contract Act of 1872.
[1] It defines a contract as an "agreement enforceable by law" requiring an agreement between two parties that is enforceable under law. [2] It explains essential elements for a valid contract including free consent, lawful object, lawful consideration. [3] It discusses concepts like offer, acceptance, revocation and intention to create legal obligations in the formation of a valid contract.
Lawweb.in when jurisdiction of high court can be invoked in case of contractu...Law Web
When jurisdiction of High court can be invoked in case of contractual dispute between state and private party?
- See more at: http://www.lawweb.in/2015/05/when-jurisdiction-of-high-court-can-be.html?#sthash.C9atZVu4.dpuf
Chapter 09 The Consumer Protectio Act 1986Robin Kapoor
The document summarizes key aspects of the Consumer Protection Act of 1986 in India. It outlines the transition from caveat emptor to caveat venditor, the definitions in the act including what constitutes a consumer and a complaint. It also describes the various consumer protection councils and consumer disputes redressal agencies that were established by the act at the national, state, and district levels to provide simple, inexpensive, and speedy remedies to consumer grievances. These agencies include the National Consumer Disputes Redressal Commission, State Commissions, and District Forums that have specified jurisdictions based on the value of goods/services and compensation claimed. The filing procedure for complaints with these agencies is also briefly outlined.
SC Judgement - Appointment Of Third ArbitratorFlame Of Truth
The SC judgement by Justice S S Nijjar in the matter between Reliance Industries Ltd and others versus Union of India, arbitration petition filed by Reliance for appointment of the third and the presiding arbitrator.
The document summarizes the key aspects of the Consumer Protection Act 1986 in India, including:
1) It was enacted to better protect consumer interests and applies across India except Jammu and Kashmir.
2) It defines terms like "complaint", "consumer", "defect", "deficiency", and "service".
3) It establishes 3 levels of consumer dispute redressal agencies - district, state, and national levels - with varying monetary jurisdictions.
4) It outlines the process for filing complaints and the reliefs available if a complaint is proven, including replacing or repairing defective goods, refunds, and compensation.
This document provides an overview of Business Law as covered in the Paper 2.4 course for the BBA (II Year) program at Algappa University. It includes summaries of key topics like the Indian Contract Act 1872, special contracts, sale of goods, negotiable instruments, partnership, arbitration, common carriers, and contracts of insurance. The course will cover 10 lessons taught by Dr. S. Sudalaimuthu and will reference textbooks on elements of mercantile law, commercial law, and relevant Indian acts.
The spotlight for our first quarterly public sector breakfast club of 2017 is procurement. The last 12 months or so have seen some interesting developments in public procurement, although perhaps not as interesting as the next 24 months might see. In this seminar Peter Ware takes a retrospective look at what has happened over the last year or so and looks at what the world of procurement might look like in the longer term.
This document provides an overview of the Construction Industry Payment and Adjudication Act 2012 (CIPAA) in Malaysia. It discusses what CIPAA is, its main objectives to provide timely payment and dispute resolution in the construction industry, and the adjudication process for resolving payment disputes. Key points covered include that adjudication decisions are temporarily binding pending final resolution by arbitration or courts, KLRCA oversees the adjudication process and determines adjudicator standards and fees, and possible impacts of CIPAA include its long time frames compromising timely payment and respondents sometimes being disadvantaged.
1. The document discusses the development of security of payment legislation (SOPL) and contractual adjudication in Hong Kong construction projects. It outlines key milestones in SOPL's development from 2001 to the present and proposed additions to public works contracts to facilitate timely processing of payments.
2. It summarizes recent developments in contractual adjudication, including requirements for payment responses, conditional payment provisions, and adjudicator decisions. Adjudicators would be appointed by adjudication nominating bodies under proposed legislation.
3. The document presents draft articles related to adjudication procedures, including appointment of adjudicators, payment claims, withdrawal of adjudication, and eligibility of adjudicators. It focuses on preventing "
Securities and Exchange Board of India TAKEOVER CODE Feb 2016.pptAnuragDash17
The document provides an overview of the SEBI Takeover Code and recent changes. Some key points:
- The code aims to regulate acquisitions of listed companies' shares or control. It was recently revised based on recommendations.
- It applies to substantial acquisitions of shares, voting rights, or control of a listed company by an acquirer individually or with persons acting in concert.
- Important definitions include acquirer, control, and persons acting in concert. Control means right to appoint majority directors or control policy decisions.
- Threshold for open offer increased from 15% to 25%. Open offer size also increased from 20% to 26% of shares.
The document discusses issues relating to taxation and quantitative restrictions under the Revised Treaty of Chaguaramas (RTC).
It first addresses a 10% charge imposed on tamarind balls in St. Katts, summarizing that the charge is indirectly discriminatory and in breach of Article 90 of the RTC as it protects domestic products. It also discusses a requirement for certificates of origin on imports to St. Katts, finding it to be a measure of equivalent effect to a quantitative restriction in breach of Article 91 of the RTC.
The second part of the document addresses a 20% tax imposed by Barbarous on fruit wine, mainly imported from Trini. The summary concludes that the tax is likely indirectly discriminatory
Stefania Passera's public lecture, as part of her doctoral defense on 18.8.2017 at Aalto University School of Science (Espoo, Finland).
Link to the dissertation: http://urn.fi/URN:ISBN:978-952-60-7528-0
Link to the video of the lecture: https://youtu.be/7_h5qIjLwRw
Link to the press release: http://www.aalto.fi/en/midcom-serveattachmentguid-1e77c07776aaf3e7c0711e7b56095e34dd2531f531f/vaitostiedote_passera_stefania_fi.pdf
Beyond the wall of text: how information design can make contracts user-friendlyStefania Passera
My presentation at the HCI International Conference 2015 in L.A.
Related paper available here [http://www.springer.com/us/book/9783319208978], or just send me an email for the author manuscript version!
Sbd procurement of goods section vii general conditions-2Joy Irman
The document outlines the general conditions of a contract for the procurement of goods. It covers key areas such as scope of supply, delivery, documentation, responsibilities of the supplier, contract price, terms of payment, taxes, performance security, intellectual property, confidentiality, subcontracting, specifications, packing and documents. The contract aims to clearly define the obligations and responsibilities of both parties regarding the supply of goods and related services.
VENDOR AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Sbd procurement of goods section vii general conditions-1Joy Irman
The document summarizes key definitions and clauses from General Conditions of Contract for procurement of goods. It defines terms like Bank, Contract, Contract Price, Completion, GCC, Goods, Purchaser's Country, Purchaser, Related Services, and SCC. It also outlines clauses around contract documents, fraud and corruption, interpretation, language, joint ventures, eligibility, notices, and governing law.
Sbd procurement of goods section vii special conditionsJoy Irman
This document outlines special conditions of contract for the procurement of goods. It specifies details like the purchaser's country, project site locations, applicable trade terms, governing law, arbitration procedures, shipping document requirements, payment terms, performance security requirements, and insurance coverage. Key information includes the purchaser's address, contract language, dispute resolution process, payment schedule including advance, shipment and acceptance terms, performance security amount if required, and packing/marking requirements.
UK Adjudicators September 2019 newsletter discussing construction adjudication around the world with a look at the UK, Singapore and Australia in this edition.
The document summarizes the key aspects of the Consumer Protection Act 1986 in India. It defines important terms like "complaint", "consumer", "defect", "deficiency", and "service". It outlines the consumer dispute redressal agencies and their jurisdictions. It also describes the process for filing complaints, the powers of the district forums, the types of relief available, and penalties for non-compliance.
The document summarizes key aspects of Indian contract law as established in the Indian Contract Act of 1872. Some main points:
1. The Indian Contract Act of 1872 is the main source of contract law in India and was passed based on principles of English common law.
2. It determines the circumstances in which promises made by parties to a contract will be legally binding.
3. The Act establishes essential elements for a valid contract such as offer, acceptance, lawful consideration, competent parties, and free consent.
1. This manpower supply agreement is between Makshi Infotech Pvt Ltd and another party to source qualified candidates for job openings at Makshi Infotech for one year.
2. The agreement outlines a fee structure where Makshi Infotech will pay the other party a payout amount for each candidate sourced and appointed within 60 days.
3. The roles covered include telecallers, senior executives, and others, with varying payout amounts depending on the role and duration of employment of the candidate.
The document discusses key aspects of the Consumer Protection Act 1986 and Information Technology Act 2000 in India.
The Consumer Protection Act was enacted to better protect consumer interests and established consumer dispute redressal agencies at district, state and national levels to address complaints. It defines terms like complaint, consumer and defect. The Information Technology Act provides legal recognition to electronic communications and records. It recognizes digital signatures authenticated by Certifying Authorities and aims to facilitate e-governance.
The document discusses key aspects of contract law under the Indian Contract Act of 1872.
[1] It defines a contract as an "agreement enforceable by law" requiring an agreement between two parties that is enforceable under law. [2] It explains essential elements for a valid contract including free consent, lawful object, lawful consideration. [3] It discusses concepts like offer, acceptance, revocation and intention to create legal obligations in the formation of a valid contract.
Lawweb.in when jurisdiction of high court can be invoked in case of contractu...Law Web
When jurisdiction of High court can be invoked in case of contractual dispute between state and private party?
- See more at: http://www.lawweb.in/2015/05/when-jurisdiction-of-high-court-can-be.html?#sthash.C9atZVu4.dpuf
Chapter 09 The Consumer Protectio Act 1986Robin Kapoor
The document summarizes key aspects of the Consumer Protection Act of 1986 in India. It outlines the transition from caveat emptor to caveat venditor, the definitions in the act including what constitutes a consumer and a complaint. It also describes the various consumer protection councils and consumer disputes redressal agencies that were established by the act at the national, state, and district levels to provide simple, inexpensive, and speedy remedies to consumer grievances. These agencies include the National Consumer Disputes Redressal Commission, State Commissions, and District Forums that have specified jurisdictions based on the value of goods/services and compensation claimed. The filing procedure for complaints with these agencies is also briefly outlined.
SC Judgement - Appointment Of Third ArbitratorFlame Of Truth
The SC judgement by Justice S S Nijjar in the matter between Reliance Industries Ltd and others versus Union of India, arbitration petition filed by Reliance for appointment of the third and the presiding arbitrator.
The document summarizes the key aspects of the Consumer Protection Act 1986 in India, including:
1) It was enacted to better protect consumer interests and applies across India except Jammu and Kashmir.
2) It defines terms like "complaint", "consumer", "defect", "deficiency", and "service".
3) It establishes 3 levels of consumer dispute redressal agencies - district, state, and national levels - with varying monetary jurisdictions.
4) It outlines the process for filing complaints and the reliefs available if a complaint is proven, including replacing or repairing defective goods, refunds, and compensation.
This document provides an overview of Business Law as covered in the Paper 2.4 course for the BBA (II Year) program at Algappa University. It includes summaries of key topics like the Indian Contract Act 1872, special contracts, sale of goods, negotiable instruments, partnership, arbitration, common carriers, and contracts of insurance. The course will cover 10 lessons taught by Dr. S. Sudalaimuthu and will reference textbooks on elements of mercantile law, commercial law, and relevant Indian acts.
The spotlight for our first quarterly public sector breakfast club of 2017 is procurement. The last 12 months or so have seen some interesting developments in public procurement, although perhaps not as interesting as the next 24 months might see. In this seminar Peter Ware takes a retrospective look at what has happened over the last year or so and looks at what the world of procurement might look like in the longer term.
This document provides an overview of the Construction Industry Payment and Adjudication Act 2012 (CIPAA) in Malaysia. It discusses what CIPAA is, its main objectives to provide timely payment and dispute resolution in the construction industry, and the adjudication process for resolving payment disputes. Key points covered include that adjudication decisions are temporarily binding pending final resolution by arbitration or courts, KLRCA oversees the adjudication process and determines adjudicator standards and fees, and possible impacts of CIPAA include its long time frames compromising timely payment and respondents sometimes being disadvantaged.
1. The document discusses the development of security of payment legislation (SOPL) and contractual adjudication in Hong Kong construction projects. It outlines key milestones in SOPL's development from 2001 to the present and proposed additions to public works contracts to facilitate timely processing of payments.
2. It summarizes recent developments in contractual adjudication, including requirements for payment responses, conditional payment provisions, and adjudicator decisions. Adjudicators would be appointed by adjudication nominating bodies under proposed legislation.
3. The document presents draft articles related to adjudication procedures, including appointment of adjudicators, payment claims, withdrawal of adjudication, and eligibility of adjudicators. It focuses on preventing "
Securities and Exchange Board of India TAKEOVER CODE Feb 2016.pptAnuragDash17
The document provides an overview of the SEBI Takeover Code and recent changes. Some key points:
- The code aims to regulate acquisitions of listed companies' shares or control. It was recently revised based on recommendations.
- It applies to substantial acquisitions of shares, voting rights, or control of a listed company by an acquirer individually or with persons acting in concert.
- Important definitions include acquirer, control, and persons acting in concert. Control means right to appoint majority directors or control policy decisions.
- Threshold for open offer increased from 15% to 25%. Open offer size also increased from 20% to 26% of shares.
ALTERING THE RESPONSIBILITY OF THE COC, AN ADVISEMENT TO FINANCIAL CREDITORS....SankalpResolutionPro
The Supreme Court of India dismissed an appeal regarding three issues in the case of Kalpraj Dharamshi & Anr. v Kotak Investment Advisors Ltd. & Anr:
1) Section 14 of the Limitation Act, 1963 can extend the limitation period for appeals to the NCLAT.
2) A compulsory waiver required of resolution applicants is not binding on them.
3) The NCLAT cannot interfere with a Committee of Creditors' decision to accept a resolution plan, even if submitted past the deadline, if the decision was made in commercial wisdom.
The document provides an overview of the current developments and future roadmap of the Insolvency and Bankruptcy Code (IBC) in India. It discusses key amendments made to the IBC over time, major judicial pronouncements that have shaped the law, statistics on cases resolved under the IBC, and India's improvement in the ease of doing business rankings due to the IBC. It also outlines the future direction of the IBC, including frameworks for cross-border insolvency, pre-packaged insolvency, resolution of MSMEs, and individual insolvency.
The document discusses the Construction Industry Payment and Adjudication Act 2012 (CIPAA) in Malaysia, which establishes a statutory adjudication process to resolve payment disputes in the construction industry. CIPAA provides a mandatory, fast-track dispute resolution procedure involving the submission and response of payment claims, notices of adjudication, and adjudicator decisions within strict timeframes. The Act aims to promote prompt payment and cash flow in construction projects through an expedited, binding dispute resolution process.
Dylan from Redchip's Litigation team covered:
• Directions to rectify issued by the QBCC;
• Claims under the Home Warranty Scheme;
• Pitfalls of notices issued by the QBCC;
• QCAT process for disputing notices issued; and
• Methods for recovering money in uncertain times.
National Dispute Redressal Commission under Consumer Protection.pptxAkashNavale6
The document discusses the National Consumer Disputes Redressal Commission (NCDRC) in India. It provides an overview of the NCDRC's role as the apex consumer court, including adjudicating high-value disputes, handling appeals, and establishing legal precedent. The NCDRC aims to protect consumer rights and ensure redress for violations through its rulings. However, it faces challenges like case backlogs that reforms seek to address.
This document discusses statutory and contractual adjudication in Hong Kong. It provides an overview of the development of security of payment legislation in Hong Kong, including reports and public consultations from 2001 to 2021. It outlines the application and requirements of the proposed security of payment legislation, including payment claim processes, maximum payment periods, adjudication procedures, and the adjudicator's jurisdiction. It also discusses recent proposals to implement aspects of security of payment in public works contracts prior to the enactment of legislation.
Slides from the niceties of notices and their importance for construction claimsRobert MacDonald
This document summarizes a legal article about notices under the UK's Housing Grants, Construction and Regeneration Act 2009 and the NEC3 construction contract.
The article discusses three recent court cases that dealt with failures to serve payment or pay less notices under the 2009 Act. It also examines issues around distinguishing interim payments from final accounts. Additionally, the document outlines key points in NEC3 regarding compensation event notices and the 8-week time limit for notifying such events. The author notes that in practice, both contractors and project managers often fail to follow the notice procedures as intended by the contracts.
It Pays to Be Right: Payment in Construction ContractsFrancis Ho
This document summarizes key principles regarding payment in construction contracts under the Housing Grants, Construction and Regeneration Act 1996 in the UK. It discusses mandatory payment provisions, including requirements for adequate payment mechanisms and notices. It notes that failing to serve valid pay less notices can result in having to pay the notified sum. It also discusses issues like overpayment, making valid interim payment applications, and the need for employers to strictly follow notice requirements in order to later challenge payment amounts.
Presentation covers QBCC Compliance audits / QBCC Minimum Financial Requirements for licensees and how accountants can assist including:
Notice of reasons for proposed suspensions of licence;
Notice of reasons for proposed cancellations of licence;
Consequences of suspensions and cancellations of licence on the builder/client;
Methods for recovering money in uncertain times; and
Key upcoming changes to the QBCC licencing regime.
Documentary Credit means any arrangement that is irrevocable and thereby constitutes a definite undertaking of the issuing bank to honour a complying presentation
http://accountsknowledgehub.blogspot.com/
The document discusses letters of credit and documentary credits. It provides definitions and explains the key concepts, parties involved, and mechanics of how letters of credit work. The main points are:
1) A letter of credit is a payment mechanism where a bank guarantees payment to the seller provided they present documents that meet the terms outlined in the letter of credit.
2) The key parties are the buyer, issuing bank, seller, advising/confirming banks. Goods are shipped after the letter of credit is opened, documents are presented, and payment is made.
3) Letters of credit can have different structures like transferable, back-to-back, revolving, and standby depending on the transaction specifics
This document provides an overview and analysis of the Consumer Protection Act of 2019 as it relates to real estate matters. It discusses key definitions, jurisdictions, offenses, procedures, and powers under the Act. Specifically, it covers issues faced by homebuyers such as delays, false advertising, and defective titles. It also analyzes strengths of the Act, such as its inclusive definitions, local jurisdiction provisions, penalties for misleading advertising and unfair contracts, and enforcement powers of consumer commissions and the Central Consumer Protection Authority.
The document discusses amendments made to the Building and Construction Industry Payments Act (BCIPA) in Queensland that came into effect in December 2014. Key points:
- The amendments introduced a distinction between standard payment claims (under $750k) and complex claims (over $750k) with different timeframes and processes.
- Timeframes for responding to claims and for adjudicators to make decisions were extended, especially for complex claims. This makes the overall dispute resolution process longer.
- For complex claims, respondents can now provide any reasons for withholding payment in their adjudication response, even if not previously stated.
- The number of adjudicator-related changes including fees, grading of
Recent IBC Judgments (July, 2021 to August, 2021)richasaraf6
The NCLAT ruled on several cases related to the IBC:
- It disallowed intervenor applications filed prior to the constitution of the CoC, allowing the withdrawal of a Section 9 application after full payment was made.
- It held that bank guarantees issued by banks are the banks' responsibility and funds can be released minus any margin money provided by the CD.
- It dismissed a Section 7 application, finding that the transaction was not proven to be a loan and the FC did not provide necessary documents showing when repayment was due.
- It allowed the approval of a settlement proposal by the CoC despite some uncertainty, as the CoC had overwhelmingly voted for it.
- It held that a society registered
Terminating a Construction Contract: Getting it RightFrancis Ho
The document discusses terminating construction contracts, including:
- The different types of termination under common law and standard form building contracts like the JCT SBC 2011.
- The JCT SBC 2011 outlines specific grounds and procedures for termination if the contractor suspends work, fails to proceed regularly, or becomes insolvent.
- Wrongful termination is a repudiatory breach that entitles the innocent party to damages but not contract reinstatement.
Insolvency and Bankruptcy Code - Corporate Insolvency Resolution Process Raghu Babu Gunturu
This presentation gives complete process of corporate insolvency resolution process (CIRP) under insolvency and bankruptcy code 2016, the framework that is developed by EzResolve etc.,
This presentation was made at Achromic Point and BRICS CCI Seminar on “Insolvency and Bankruptcy Code 2016” at Mumbai on June 2, 2018.
Similar to MUNICIPAL TENDER AWARDS AND INTERNAL APPEALS BY UNSUCCESSFUL (20)
2. Section 62
• 1) A person whose rights are affected by a decision taken …. in
terms of a power or duty delegated or sub-delegated by a
delegating authority …… may appeal against that decision by
giving written notice of the appeal and reasons to the municipal
manager within 21 days of the date of the notification of the
decision.
• (2) ……
• (3) The appeal authority must consider the appeal, and confirm,
vary or revoke the decision, but no such variation or revocation of
a decision may detract from any rights that may have accrued
as a result of the decision.
• (4) When the appeal is against a decision taken by–
• (a) a staff member other than the municipal manager, the
municipal manager is the appeal authority.
3. CC Groenewald v M5 Developments
• Brief facts:
o municipality invited tenders for the appointment of an
"implementation agent" for housing projects
o BAC award bid to M5
o M5 informed successful and
o 4 bidders were informed they were unsuccessful and
given 21 days to appeal in terms of section 62.
o ASLA and Blue Whale lodge appeals
o Only Blue Whale’s appeal was lodge on time
o MM was appeal authority and only considered Blue
Whale’s appeal
o MM as appeal authority of the view that ASLA out of time
and Blue Whale’s appeal had no merits
4. CC Groenewald v M5 Developments
• Brief facts continue…
o MM –
• Re-evaluated the tenders submitted. He
concluded that both the consulting engineers and
the BEC had incorrectly scored the tenders.
• approached M5 and ASLA requesting the
provision of further information
• ASLA responded on time but M5 did not respond
• Based upon the new information received from
ASLA the MM recalculated the points scored and
decided that the tender should not have been
awarded to M5 but to ASLA
• M5 took matter to WC HC and was successful
• Mun and ASLA appeal to SCA
5. CC Groenewald v M5 Developments
• M5 argued that an unsuccessful bidder has no right
to appeal under Section 62 based of CoCT v
Reader
• SCA - unsuccessful bidders were all parties to the
tender approval process and hence had a right to
appeal under Section 62.
6. CC Groenewald v M5 Developments
• SCA-
o Whether the MM as appeal authority, was
entitled to award the tender to an unsuccessful
bidder who was not a party to the appeal.
o Appeal under S62 is a "wide appeal" involving a
re-hearing of the issues, but
o held that S 62 does not allow the appeal
authority to revisit all the tenders and to award
the tender to an unsuccessful bidder who did not
appeal or, as in this case, whose appeal was out
of time.
7. CC Groenewald v M5 Developments
• SCA-
o Once the municipal manager was of the
view that Blue Whale's appeal was
without merit and having dismissed ASLA's
appeal, the only course of action was to
dismiss Blue Whale's appeal.
o MM was not entitled to re-evaluate and
re-allocate the tender as he did.
8. CC Groenewald v M5 Developments
• SCA-
o Appellants argue that should the court find that
the MM had no power to award the contract to
ASLA, the court should refer the matter back to
the BAC for reconsideration
o MM as appeal authority, had the power under
S62(3) to "consider the appeal, and confirm, vary
or revoke the decision“
o MM had no power to refer the matter back to
the BAC for reconsideration. This being so, the
court is also not in a position to make an order on
review that the MM could not have made.
9. Accrual of rights under Section 62(3)
Loghdey v Advanced Parking Solutions CC
• BAC awarded a tender to Loghdey for a kerbside
parking management service and soon after a
formal contract was concluded.
• Advanced Parking Solutions, an unsuccessful
bidder, appealed against the award, relying on S62
• Loghdey approached the court for an order that
no appeal was available.
10. Loghdey v Advanced Parking Solutions CC
• Advanced Parking Solutions countered that the
municipality's tender invitation made the award of
the contract subject to a 21-day appeal period
and that the municipality's own supply chain
management policy stipulated that tender awards
may only be made once any appeals have been
satisfactorily resolved
11. Loghdey v Advanced Parking Solutions CC
• The court found in favour of Loghdey.
• It held that even though the bid conditions and the
municipality's supply chain management policy
both made provision for an appeal process, they
did not provide for a right of appeal.
• Simply created an obligation that participating
bidders be informed of their right to appeal a
tender award.
12. Loghdey v Advanced Parking Solutions CC
• Neither the notification of the tender award to
Loghdey nor the formal contract concluded with it
made the award or the conclusion of the contract
conditional upon an appeal period, unconditional
rights vested in Loghdey following the award of the
tender and the conclusion of the contract.
13. • The court distinguished the case judgment in Syntell
(Pty) Ltd v The City of Cape Town
• Facts in Syntell were very similar, the primary
difference was that the notification of the tender
award in Syntell expressly stated that the award was
subject to a 21-day appeal period, and that no
rights would accrue before the expiry of that
period.
• In the case at hand, the court held, the notification
contained no such statement.
Loghdey v Advanced Parking
Solutions CC
14. Lohan Civil-Tebogo Joint Venture v
Mangaung Plaaslike Munisipaliteit
• Lohan felt aggrieved by the award of the tender to
Moeletsi and approached the court for an interim
interdict to
o prevent the execution of the tender pending the finalisation of a review
application
o setting aside the award of the tender and contract
The municipality, raised a preliminary point.
- Section 7(2)(a) of PAJA, a review application cannot succeed unless
the court is satisfied that an applicant has exhausted internal remedies
available to it.
15. Lohan Civil-Tebogo Joint Venture v
Mangaung Plaaslike Munisipaliteit
• The court held that on the language of Section 62(1), it is
clear that it envisages an appeal against a decision that
was taken pursuant to a delegation of authority.
• In the present case, the decision to award the tender to
Moeletsi was ratified by the MM who was not exercising
a delegated power, but an original power.
• In terms of Regulation 29(5)(b)(i) of the Supply Chain
Regulations, the MMof the municipality has the final
power of approval read with Section 60 of the MFMA,
which describes the MM as "accounting officer"
16. Lohan Civil-Tebogo Joint Venture v
Mangaung Plaaslike Munisipaliteit
• Appeal to MM where he took the decision. Logic
dictates that this is not at all an effective remedy.
• An appeal under Section 62 of the Municipal
Systems Act was, accordingly, not available to
Lohan.
• This court decision taken in February 2009 Manana v
King Sabata Dalindyebo Municipality was decided
in November 2010
17. Manana v King Sabata
Dalindyebo Municipality
• “14. As is to be expected, the Act is replete with
provisions recognising that executive authority vests
in the council and in nobody else.
• Indeed, ordinary legislation is not constitutionally
capable of divesting a municipal council of its
executive authority – or any part of it and the
construction of a statute that would produce that
result must be avoided if it is possible to do so
• Q does Lohan still apply after Manana
18. Regulation 49
Objections and complaints
• The supply chain management policy
–
o must allow persons aggrieved by decisions or actions taken
by the municipality or municipal entity in the
implementation of its supply chain management system, to
lodge within 14 days of the decision or action a written
objection or complaint to the municipality or municipal
entity against the decision or action.
19. Regulation 50
Resolution of disputes, objections, complaints and queries
• 50. (1) The supply chain management policy of a municipality
or municipal entity must provide for the appointment by the
accounting officer of an independent and impartial person
not directly involved in the supply chain management
processes of the municipality
• - (a) to assist in the resolution of disputes between the
municipality or municipal entity and other persons regarding-
o (i) any decisions or actions taken by the municipality or municipal entity in the
implementation of its supply chain management system; or
o (ii) any matter arising from a contract awarded in the course of its supply chain
management system; or
(b) to deal with objections, complaints or
queries regarding any such decisions or actions
or any matters arising from such contract.
20. Regulation 50
Resolution of disputes, objections, complaints and queries
4. The person appointed must –
o (a) strive to resolve promptly all disputes, objections, complaints or queries
received; and
o (b) submit monthly reports to the accounting officer on all disputes,
objections, complaints or queries received, attended to or resolved.
7. This regulation must not be read as affecting a
person’s rights to approach a court at any time.
21. Objections and
complaints
• In the light of the above provisions
o "independent and impartial",
o not be "directly involved in the SCM processes“
It stands to reason that even though the MM (or an
official designated by him or her) is required to
"assist" the person appointed to ensure the
effective performance or his or her functions, it is
not permissible for the MM to perform the functions
himself or herself.
22. Objection & complaints v
S62 Appeals
• Section 62 qualifies as an internal remedy for the
purposes of Section 7(2) of PAJA,
• whereas 49 & 50 do not give rise to an internal
remedy as referred to in Section 7(2) of PAJA.
23. Objection & complaints v
S62
• Muni’s could effectively prevent S62 from having any
application to their tender awards by making
unconditional awards and/or concluding unconditional
contracts.
• with the result that rights will have accrued to the
preferred bidder, which cannot be disturbed by an appeal
under Section 62.
24. Objection & complaints v
S62
• Q, is whether municipalities are or should be under an
obligation or duty bound to make tender awards
conditional on a 21-day period, allowing unsuccessful
bidders to appeal against the award decision.
• S62 is a general appeal provision and not strictly
confined to municipal tender processes, municipalities
are not duty bound to make conditional awards
• SCM Regs, on the other hand, make clear that muni’s
"must" make provision in their supply chain management
policies for the lodging of "complaints and objections"
within a 14-day
25. EVALUATIONS ENHANCED PROPERTY v THE BUFFALO CITY
• Applicant were verbally informed that the tender
had been awarded to another bidder
• Applicant argued
o s62 requires “notification” of the decision. And having regard to the
importance of the right to fair administrative action conferred on
Applicant by section 33 of the Constitution, informal or verbal notification
is insufficient and it is a constitutional prerogative that the “notification”
must be in writing.
o Second, s62(1) requires the Applicant to lodge the notice of appeal and
written reasons for the appeal within 21 days of the “notification.”
26. EVALUATIONS ENHANCED PROPERTY v THE BUFFALO CITY
• “35] It follows that having regard to all the usual and
well-known rules and tenets of interpretation,
including the object and purpose of these
enactments, PAJA, PAIA and all other similar
statutes must be interpreted like any other statute
and subject to the Constitution. Where it falls short
of the Constitution, or offends a constitutional right,
that part of the statute may be struck down as
unconstitutional. It also follows that the provisions of
• PAJA and PAIA cannot simply be ignored, qualified
or interpreted beyond recognition of the clear
grammatical meaning of the words used in the
text.”
27. EVALUATIONS ENHANCED PROPERTY v THE BUFFALO CITY
• Neither section 33 of the Constitution which creates
the right to fair administrative action, nor the
provisions of PAJA, prescribe by whom, when and in
what manner the notification of the decision must
be given
• both sections 5 and 7 of PAJA follow the source of
the right contained in section 33 of the Constitution
by repeating the requirement of written reasons for
the decision, but not being prescriptive at all in
regard to the manner of notification of the decision
or that reasons must be given simultaneously with
the decision.
28. EVALUATIONS ENHANCED PROPERTY v THE BUFFALO CITY
• It is clear from sections 5(1) and 7(1) that such
notification may reach the affected person in any
manner and from whomever, not necessarily from the
decision maker.
• It goes even further: the right to receive written reasons
under section 33(2) of the Constitution is dependent
upon the affected person requesting reasons
• Its Applicant’s own version, that it was notified of the
decision on 21 August 2012 having been told by a senior
Municipal Officer
• Court: these events constituted “notification” as
envisaged by section 62(1) of the Systems Act read with
section 5(1) of PAJA.
29. Objection & complaints v
S62
• legislature is not clear on the extent of the powers
of the independent and impartial third party
• However courts have recently frown on muni’s that
disregard the SCM legislation… even indicating that
they will hold municipal officials personally liable
30. Case list
• CC Groenewald v M5 Developments (283/09) [2010] ZASCA 47 31 March 2010
• Koyabe v Minister for Home Affairs Case CCT 53/08 [2009] ZACC 23 25 August 2009
• Loghdey v Advanced Parking Solutions CC Case 20766/2008 (W) [2009] ZAWCHC 15
25 February 2009
• Lohan Civil-Tebogo Joint Venture v Mangaung Plaaslike Munisipaliteit Case 508/2009
(O) [2009] ZAFSHC 21 27 February 2009 (unreported)
• M5 Developments (Cape) (Pty) Ltd v CC Groenewald NO Case 6277/08 [2009]
ZAWCHC 3 12 February 2009
• Mohammed Zunade Loghdey v City of Cape Town; Advanced Parking Solutions CC v
City of Cape Town Case 100/09 [2010] ZAWCHC 25 20 January 2010
• Moseme Road Construction CC v King Civil Engineering Contractors (Pty) Ltd
(385/2009) [2010] ZASCA 13 15 March 2010
• Municipality of the City of Cape Town v Reader 2009 1 SA 555 (SCA)
• Nichol v Registrar of Pension Funds 2008 1 SA 383 (SCA)
• Oudekraal Estates (Pty) Ltd v City of Cape Town 2004 6 SA 222
• Reader v Ikin 2008 2 SA 582 (CPD)
• Reed v Master of the High Court of South Africa [2005] 2 All SA 429 (E)
• Robcon Civils/Sinawamandla 2 Joint Venture v Kouga Municipality 2010 3 SA 241
(ECP)
• Syntell (Pty) Ltd v The City of Cape Town Case 17780/07 (CPD) [2008] ZAWCHC 120 13
March 2008 (unreported)
• Total Computer Services (Pty) Ltd v Municipal Manager, Potchefstroom Local
Municipality 2008 4 SA 346 (T)
• Manana v King Sabata Dalindyebo Municipality (345/09) [2010] ZASCA 144 (25
NOVEMBER 2010)