Building Bridges in Construction Disputes

Speaking on construction law, Tanya Nicole Hendry, Director at Construction Support Services International (CSSi), reveals that it is the multidisciplinary aspect which spurs her on: “It is so easy to develop a passion for this industry. The people involved are hardworking, passionate about the end result they are seeking to achieve, and so very proud when they do so. You’re exposed to many interesting trades: technical, corporate and commercial matters, insolvency, finance, insurance, and more.”

You have previously been involved in devising complex construction contracts; what would you determine as a ‘complex’ contract and how do you work around such complexity?

I regard a contract as more complex than usual where there are specialist considerations unique to a specific project, a number of different facets to deal with and slot together to make a project run smoothly, and where parties have intricate and specialist performances, all of which have to be linked together in a cohesive, practical and executable manner. Such contracts normally have a high degree of risk associated with them, could be substantial in value and have a range of different insurances, warranties and the like which also have to be taken account of and balanced in an appropriate manner. In many cases, the contracts I am involved in are international in nature, which adds additional risks that need to be taken account of and mitigated.

In dealing with such complexities, it is essential that the brief obtained from our client is sufficiently detailed to understand fully exactly what it is that the client needs to achieve. This normally necessitates detailed discussions with the client, other advisers, as well as negotiations with the other party or parties to the contracts. It is also of great value to understand exactly what plan is to be executed. Accordingly, a visit to the site, and meetings with the technical experts is invaluable. As contracts are drafted and take shape, CSSi has a peer review system in place, whereby we ensure that issues are identified, discussed internally and necessary changes are made as required.

In what ways do you prepare for arbitration? What unique challenges must you overcome?

In the building, construction and engineering industry, one of the unique challenges to overcome is to ensure that the appointed tribunal is capable of fully understanding the issues to be determined, both in relation to their own experience and in making submissions to them in a clear and understandable manner. One routinely finds that the disputes are a combination of complicated legal questions coupled with highly technical engineering matters, which can be overwhelming.

One of the most important things we at CSSi have found is that, in preparing for such matters, it is imperative that the client’s internal team is involved throughout. The challenge is to do so without interrupting the client’s day to day business! Knowledge and details of events which happened years ago must sometimes be found, and it is therefore of the utmost importance to ensure the client’s team works with us, with access to information and people who sometimes are not even employed anymore by the client. Good relationships and patience are key factors.

Tanya Nicole Hendry

Director

Address: Block B, Infinity Business Park, Cnr.

Pieter Wenning Rd & William Nicol Dr

Fourways, 2191, Johannesburg

Republic of South Africa

Office:  +27 (0)10 822 4621

Email: tngreeff@cssint.eu.com

Website: www.cssint.com

After completing my law degree (LLB), I spent the early part of my career as a legal consultant an engineering and construction consulting firm; I was involved primarily in the drafting and negotiation of a wide range of complex construction contracts, both locally and abroad, as well as in a number of disputes. I found myself more interested in the cut and thrust of dispute work, so I entered pupilage at the Johannesburg Bar and was admitted as an Advocate. As such I was involved mainly in construction and engineering matters as counsel, both in the High Courts (South Africa and Botswana) as well as in the Supreme Court of Appeal (South Africa). I registered for and completed a Master degree (LLM) in the drafting and interpretation of contracts, and to utilise my qualifications, established, with previous colleagues, a building, construction and engineering legal consultancy, known as CSSi Construction Support Services International (CSSi).