ABSTRACT
Nyezi (2025) builds their work on a South African context, specifically the case of Grid Electronics vs SM Structures, as they distinguish special damages from general damages in construction contracts. The case note explains how courts allocate damages in situations involving delays and incomplete performance. It emphasizes the importance of precise contract drafting to allocate risk and clarify the distinction between general and special damages, including limitations on recovering rental costs. The practical implications for legal practitioners include the need for clarity in damage clauses and consideration of cost-of-completion versus diminution-in-value approaches when quantifying damages.
Nyezi, Siyabonga and Nyezi, Siyabonga, When Rome is Only Half-Built: Construction Contracts and Special Damages (August 31, 2025).
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