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Legal Forum

During the period under review as previously decided Besides their work on the PSC, the Forum contributed
by the Forum, the Chairmanship and Venue for the extensively to the updating of CESA’s suite of contract
meeting was rotated amongst the members of the documents;
Forum. Meetings were held on 27 February, 24 April,
the Client/Consulting Engineer Form of
27 June, 26 September and 27 November 2013
Agreement, July 2003,
As usual the Forum contributed greatly to the
the Short Form of Agreement and
development and updating of the Practice Notes,
and liaised regularly with the service provider in this
the Sub-consultancy Form of Agreement.
regard; particularly those dealing with the:
The duty of care
These documents will be printed and launched at
2013 ECSA Fee Guideline
CESA’s 2013 Conference to be held in Cape Town, in
November 2013, towards the end of the period under
Director’s liability
review.
Fidelity guarantee
In addition CESA referred a number of documents to
the Forum for comment from a legal point of view as
follows:
The Forum continued its work on the cooperative
revision of the cidb’s Professional Services Contract Amended Treasury (PFMA) Regulations (draft 1
(PSC) version 2 on behalf of the Built Environment and draft 2)
Professionals (BEPs).
Risk Management Implementation Guideline
(RMIG)

Revision to the BBBEE Generic Code

The Forum inter alia considered/discussed the
following at meetings:

The OHS Construction Regulations

Unlimited liability requirements by Clients
2013 ECSA Fee Guidelines
CESA Annual Review 2012 / 2013
Anti-corruption legislation (international & local)

Public Sector Procurement legislation
The revised Preferential Procurement Regulations

The Forum having been approved by Council in 2010,
has developed into a mature committee and plays a
valuable role in the functioning of CESA

Wallace Mayne
Manager: Contractual Affairs

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