The Construction Platform

The Construction Platform

The Construction Platform is a unique retainer-based legal service, with a particular emphasis on construction law and labour law that is offered to businesses operating within the construction and allied industries.
The Construction Platform evolved as a means to address an urgent need for businesses within this industry to have to affordable specialised legal services to meet the day-to-day compliance and legal challenges as well as enforcement of their rights for example to be paid.

The Construction Platform operates a retainer system which is designed to meet your specific legal and financial requirements. We meet with you to understand the needs of your business. 

Thereafter we agree with you a monthly fee which is affordable and which provide you with the necessary legal protection.

The Construction Platform however offers you a further feature “the Use it or Bank it” fee system. 

If you don’t use the service in one month you can bank the number of hours that you have paid for and carry them over to the next month.

For example if you have a three hour retainer agreement with us, if you use only one hour or none of the hours, the underused number of hours carried over to the following month. So if you do not use two hours, these two hours are carried over to the following month which means that you have access to legal services for five hours in the second month. The advantage of the system is that in times when things are going smoothly, and you do not need legal services, you are effectively stockpiling so that when you do need them, you have already paid for them.

You still pay the retainer on the first day of the second month but you have banked your retainer services from the first month.

We have developed this unique retainer system because we understand that in business as in life it is important to plan ahead and to ensure that when you need legal services you have the ability to access them. The use it or bank it feature remains available to you and your business so long as you are a member of the platform. If the membership is terminated for whatever reason you lose this unique feature.

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Memberships

SILVER MEMBERSHIP : THE CONSTRUCTION LEGAL PLAN

Deposit
R2700 (exclusive of vat) per month
Hours3 hours
Construction
Services
Initial needs assessment
Services under THE CONSTRUCTION LEGAL PLAN, including: 

Alternative Dispute resolution including mediation, arbitration and adjudication 

Construction aspects of financing agreements, purchase agreements, PPP project agreements and agreements for lease
Operation and maintenance and facilities management agreements on completed projects
Litigation of a termination claim
Prompt payments
Unresolved damages claims
Violations
Labour
Services
Services under THE LABOUR LEGAL PLAN, including:

Legal representation at CCMA, Bargaining Councils, Labour Courts, Labour Appeal Court, High Courts and the Supreme Court of Appeals and the Constitutional Court
Chairing of disciplinary enquiries as well as prosecuting on behalf of the employer
In-house training and facilitation on all aspects of employment law such as but not limited to BBBEE, Skills Development and Employment Equity
Drawing codes and policies and procedures manuals as well as the induction and training of staff
Attending to all aspects of Health and Safety requirements and environment law
PLATINUM MEMBERSHIP – THE ENHANCED LEGAL PLAN

Deposit
R5 000 (exclusive of vat) per month
Hours6 hours
ServicesInitial needs assessment
Compliance with Construction Industry Development Board Act and regulations;
Best Practice regulations and the preferred 4 forms of contract:
NEC3 family of standard contracts
FIDIC
General Conditions for Construction works
JBCC series 2000
Delays, Variations, discrepancies;
Bill of quantities;
Breach of contracts;
Penalty clauses;
Occupational Health and Safety issues;
Insurance law issues;
GOLD MEMBERSHIP – THE LABOUR LEGAL PLAN

Deposit
R2700 (exclusive of vat) per month
Hours3 hours
ServicesInitial needs assessment
Compliance with Construction Industry Development Board Act and regulations;
Best Practice regulations and the preferred 4 forms of contract:
NEC3 family of standard contracts
FIDIC
General Conditions for Construction works
JBCC series 2000
Delays, Variations, discrepancies;
Bill of quantities;
Breach of contracts;
Penalty clauses;
Occupational Health and Safety issues;
Insurance law issues;

Associations

Unique alliance in the South African construction sector affording claimants access to non-recourse funding (No Win No Fee).

The Construction Platform, a sector of Allardyce & Partners Attorneys, is proud to announce that in association with South African HPR International Project Consulting and Global specialist Tungsten Capital (Quantura) , we are now able to provide claimants in the construction and related industry, access to a unique construction claims non-recourse funding (No Win No fee) service for domestic and international construction disputes. 

What this means is that claimants can now enforce their contractual rights at no risk to them whilst simultaneously deriving access to the leading specialists in the respective fields such as, legal, expert witnesses, construction industry specialists*. Through Quantura, TCP provides a viable no win no fee approach to claims and claim resolution for any size claims. 

*T’s & C’s apply

  • Quantura provides funding for claims of all sizes in the construction and engineering sectors;
  • Quantura can fund a portion or all of the costs of conducting the claim;
  • Funding is non-recourse;
  • Funding is available for all stages of the dispute resolution process including adjudication, arbitration and litigation;
  • It is predominately used for individual claims but sophisticated portfolio models are also available;
  • Consultant takes all of the risk;
  • Full pre-assessment of claim;
  • No win, no fee;
  • ADR / Arbitration / Litigation.

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  • Claimant is able to monetise claims without downside risk;
  • Reduced expenditure frees up cash flow for core operations and investment;
  • Funding is recorded as “off balance sheet” and has a neutral impact on the financial position of a claimant;
  • Claimant will receive the benefit of a claim if it is successful, representing a risk-free source of revenue;
  • Claimant can resolve claims that they could not otherwise justify on a commercial basis;
  • Claims shift from being a “cost centre” to a positive source of revenue for a business;
  • If the claim settles by negotiation of collective agreement, the fee is paid from receivables;
  • If the claim does not settle, Quantura can fund the entire cost of adjudication, arbitration or litigation;
  • If the claim should fail, then costs of Claim preparation and any formal dispute resolution process is borne by Quantura.

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Funding is available for preparation of the referral, conduct of the adjudication and recovery.

  • In order to assess an adjudication, we require an expert opinion on prospects of success, an assessment of realistic quantum and a clear budget for conducting the claim;
  • Funding is available for the costs of Arbitration and Litigation in return for a share of the receivables when the action is successful;
  • Funding is available for all or a part of the Action and includes for the costs of legal fees, claim-management fees, Advocate’s costs, expert-witness fees and all other related costs;
  • As with Claim Funding, Litigation & Arbitration Funding is non-recourse – meaning that we only recover our investment if the Claim is successful;
  • Claims shift from becoming a “cost centre” to being a positive source of income for the business;
  • Funding allows businesses to pursue claims without the downside risk and allows the Claimant to focus on its core business; and 
  • No upper or lower limit to the Quantun of the Claim.

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