Mediation of Engineering & Construction Disputes in Zimbabwe

Mediation of engineering and construction disputes in Zimbabwe is a unique process. It is not arbitration. Neither is it litigation. The Zimbabwe General Conditions of Contract (ZGCC4) also known as ZGCC4 General Conditions of Contract provides for the settlement of disputes or differences arising from or in connection with works of civil engineering in Zimbabwe.

Clause 69.2 of the Zimbabwe General Conditions of Contract (ZGCC4) provide for the mediation of construction disputes in Zimbabwe where an Engineer fails to give his or her decision after a period of 28 days of having being requested to do so in respect of any matter referred to him or her in terms of Clause 69.1 of the Zimbabwe General Conditions of Contract (ZGCC4).

More so, in terms of clause 69.2 of the Zimbabwe General Conditions of Contract (ZGCC4) mediation of construction disputes in Zimbabwe may arise where either the Employer or the Contractor are dissatisfied with any such decision of the Engineer, and within 28 days after receiving notice of such decision. Where neither the Employer or the Contractor give notice of dissatisfaction, the decision of the Engineer becomes final and binding. see Tubular Holdings (Pty) Ltd v DBT Technologies (Pty) Ltd 2014 (1) SA 244 (GSP) 246.

Pursuant to clause 69.2 of the Zimbabwe General Conditions of Contract (ZGCC4) mediation of construction disputes in Zimbabwe is a process which is conducted by the Employer and the Contractor without the benefit of legal representation. Furthermore, the mediator is appointed by mutual agreement by the parties. In the event that the parties are unable to agree on the selection and appointment of a mediator, the selection and appointment of the mediator is effected by the President for the time being of the Zimbabwe Institution of Engineers.