In the world of construction and engineering, timelines are tight, margins are narrow, and the only thing more complex than the projects themselves is the legal framework that governs them. As infrastructure investment across South Africa continues to grow, driven by public-private partnerships, renewable energy goals, and urban expansion, the legal landscape must evolve alongside it. And it has. Quietly, but significantly.
At Chiba Attorneys, we’ve spent over 15 years navigating this terrain, and if there’s one thing we’ve learned, it’s this: construction law isn’t about reacting to disputes. It’s about designing frameworks that prevent them. Legal risk is not something to be “managed” after the fact—it’s a dimension of the project itself, one that needs to be mapped, measured, and continuously recalibrated.
That’s the shift we’re seeing. Construction and engineering law has become less about damage control, and more about strategic foresight. And this is exactly where forward-thinking legal teams bring real value to the table.
From Reactive to Proactive: A Shift in Legal Culture
Traditionally, legal professionals were brought into construction projects at one of two moments: the drafting of contracts, and the eruption of disputes. This created a rhythm that was, frankly, adversarial. Lawyers were seen as enforcers or fire-fighters. While that may still be necessary at times, it’s no longer enough.
Today, our role starts much earlier—and lasts much longer.
Modern construction clients expect legal advisors to be embedded within the lifecycle of the project. From feasibility and procurement, through to commissioning and post-completion dispute resolution, legal strategy is expected to run parallel to project strategy. That means legal advisors need to understand much more than just the law—we must understand delivery models, cost structures, environmental obligations, and even political pressure points.
This shift requires a different mindset. One that isn’t just compliance-driven, but commercially fluent.
Understanding the Construction Environment in South Africa
South Africa is undergoing an infrastructure rethink. On the one hand, we have national development ambitions underpinned by public sector projects: roads, housing, water, energy. On the other, we have a private sector seeking to build smart, fast, and often across borders. Layered on top of this is the growing push toward sustainability, local labour compliance, and Black Economic Empowerment (B-BBEE).
This combination creates a regulatory environment that is fluid, and at times, unforgiving.
Projects that lack sound legal foundations are increasingly exposed. Vague contract terms, unenforceable escalation clauses, poorly defined scope, or failure to address force majeure contingencies can stall or sink even the most promising ventures. In our experience, the best remedy is a strong, project-specific legal strategy designed from day one—not an off-the-shelf contract pulled in at the eleventh hour.
And then there’s the matter of FIDIC.
FIDIC in South Africa: Tool or Trap?
The Federation Internationale Des Ingenieurs-Conseils (FIDIC) suite of contracts has become a standard for many medium to large-scale construction projects, particularly those involving international financing or cross-border participation.
But here’s the truth: FIDIC can be a double-edged sword.
While these contracts offer a familiar structure, they are not without nuance. The allocation of risk under FIDIC differs significantly from locally developed contracts, and if parties don’t fully grasp those distinctions—especially around dispute resolution and payment terms—they can find themselves at a disadvantage.
At Chiba Attorneys, we’ve advised on countless FIDIC-based projects. What we’ve learned is that these contracts demand both legal interpretation and project-specific tailoring. They are not plug-and-play tools. Treating them as such often leads to disputes that could have been avoided with a bit of foresight and a lot of clarity.
Dispute Resolution: The Rise of Adjudication and the Role of Strategy
Speaking of disputes: they remain inevitable in this industry. But how they are resolved is changing.
Adjudication has gained traction as the go-to method for resolving disputes mid-project, thanks in part to its speed and enforceability. It’s particularly useful in time-sensitive builds where delays are as damaging as cost overruns. But adjudication only works well when the parties have been advised properly from the outset, especially when selecting adjudicators or drafting procedural frameworks.
We approach disputes with a strategic mindset. Litigation and arbitration remain important tools, but they are part of a broader spectrum. Often, our clients need a fast, enforceable interim decision to keep a project moving, not a multi-year court battle. The key is knowing which forum to use, and when.
And that’s where experienced legal counsel shifts from being a cost to a clear asset.
What Clients Expect Now
Modern construction clients are looking for three things: clarity, speed, and commercial alignment.
They don’t want to be buried in legal theory. They want practical advice that protects their interests without slowing them down. They want lawyers who speak the language of engineers, financiers, and project managers. And they want legal teams who don’t just respond to problems, they anticipate them.
At Chiba Attorneys, we’ve built our reputation on delivering exactly that. Our role is to protect your project without becoming a bottleneck. That means offering clear frameworks, project-stage advice, and decisive action when the situation calls for it.
We know construction. We know engineering. And we know the law. But more importantly, we understand how they all intersect and how they can be aligned for smarter outcomes.
A Final Word
The legal environment for construction and engineering in South Africa is evolving. Those who treat legal advice as a box to tick will continue to feel the pain when things go wrong. Those who see it as a strategic lever will gain competitive advantage, avoid unnecessary cost, and deliver better projects.
As a firm, we are committed to being more than legal technicians. We are your partners in project success. If you’re building, planning, or facing legal uncertainty in any aspect of your construction or engineering journey—let’s talk early.
Because good legal advice isn’t just about winning disputes. It’s about not needing them in the first place.
Let’s build smart, together.