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Construction and Engineering Law

Application Form
Complete Online Application Form at

Start Date
15 July 2024

Apply By
21 June 2024


Duration & Format
This is a semester-long course where participants attend evening lectures from 17:30 to 19:00 once a week during the period 15 July to 22 October 2024. Exams will take place on the 30 October 2024 to 26 November 2024.

The Construction and Engineering Law course introduces participants to construction contracts within the framework of the main construction and professional consultancy contracts used in the South African infrastructure, natural resources and energy sectors by engaging with a broad range of procurement methodologies.

Course Outcomes
By the end of this course the student should be able to:

  • Review the basic South African legal concepts governing construction and engineering contracts
  • Illustrate and explain the role, risks and responsibilities of the employer, contractor and contract administrator (the engineer, project manager, employer’s representative, etc.)
  • Identify, compare and contrast the different editions of the standard form contracts
  • Recognize and analyse standard construction contracts
  • Demonstrate how to administer construction contracts in order to ensure project delivery on time, within budget.

Course Content
The course consists of legal and technical concepts relating to construction law in the context of general principles of contract:

Federation Internationale Des Ingenieurs – Conseils (FIDIC) contracts:

  • The Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer: The Construction Contract (Red Book, 1999 and 2017 editions).
  • The Conditions of Contract for Plant and Design-Build for Electrical and Mechanical Plant and for Building and Engineering Works Designed by the Contractor: The Plant and Design-Build Contract (Yellow Book, 1999 and 2017 editions).
  • Conditions of Contract for EPC/Turnkey Projects: The EPC/Turnkey Contract (Silver Book, 1999 and 2017 editions).
  • Comparison between the Red, Yellow and Silver, 1999 first editions and the 2017

New Engineering Contract (NEC) contracts :

  • The third and fourth edition of the Engineering and Construction Contract including options A to F pricing mechanisms.
  • The third and fourth edition of the Term Service Contract, and the third edition of the Adjudicator's Contract.
  • NEC4 Dispute Resolution Service Contract.
  • A comparison the third and fourth editions of the above contracts
  • Joint Building Contracts Committee (JBCC) contracts :
  • The Principal Building Agreement: Edition 6.1 March 2014 and the Principal Building Agreement: Edition 6.2 May 2018.
  • The Minor Works Agreement: Edition 5.1 March 2014 and the Minor Works Agreement: Edition 5.2 May 2018
  • A comparison between 2014 and 2018 editions for the above contracts.
  • Professional Consultancy Agreements :
  • The FIDIC Client/Consultant Model Services Agreement 4th edition (2006) and 5th edition (2017) (White Book)
  • The NEC3 and NEC4 Professional Services Contracts
  • The PROCSA Client/Consultant Professional Services Agreements
  • A comparison of the different editions of the NEC and FIDIC professional consultancy agreements

Target Audience
Construction lawyers, project managers, engineers, and professionals involved in construction and infrastructure development.

Application Process
A relevant Bachelor of Laws or Bachelor of Commerce in Law or Bachelor of Arts in Law or equivalent qualification is a prerequisite for admission to the postgraduate certificate courses; OR

Applicants with any other undergraduate qualifications must complete the bridging course Introduction to Law for Non- Lawyers or equivalent courses first as well as have relevant legal work experience in the specific legal field before they would be considered for other courses.

You will be required to submit a copy of your Bachelors Degree, academic record as well as a copy of your identity document or passport.

Kindly note that all foreign qualifications must be submitted with a SAQA Evaluation Letter.

Additional Information
One of the following certificates can be obtained:

  • Certificate of Attendance: To obtain a certificate of attendance, students are required to attend and participate in 75% of the lectures. 
  • Certificate of Competence: To obtain a certificate of competence, students are required to attend and participate in 75% of the lectures and to complete the assessments as required in the course.

This postgraduate certificate course is accredited by the university in accordance with its statutory mandate.  It does not lead to a qualification registered on the National Qualifications Framework.

Mahlatse Masemola Tel No: +27 11 717 8438; Email 
Ursula Dillner-Dangor Tel No: +27 11 717 8435; Email: