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Construction Arbitration, Courses

Construction Arbitration - 5 Oct 2026 JHB

The AFSA Construction Arbitration course provides specialised training for resolving disputes in the construction and engineering sectors, combining practical insight with industry-specific arbitration expertise.
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4 Students enrolled
Course details
Duration : 5 Days
Level : Intermediate
Description

Duration: 5 days (Monday – Friday)

Registration deadline 21 September

This course includes:

FIDIC

A focus on the FIDIC suite of contracts, widely used in international construction projects. This session examines the standard forms, allocation of risk, dispute mechanisms, and how FIDIC contracts interface with arbitration processes.

JBCC

A deep dive into the JBCC (Joint Building Contracts Committee) standard forms widely used in South African construction.

  • Pertinent Terms: Key clauses that often give rise to disputes, including those dealing with extensions of time, payment certificates, and breach.
  • The Function of the Principal Agent (PA): The role, authority, and obligations of the PA, and how their decisions may impact or be challenged in arbitration.

NEC

Understanding the New Engineering Contract and its innovative approach to project management and dispute resolution.

  • Pertinent Terms: Emphasis on early warning mechanisms, compensation events, and time and cost management.
  • The Concept of Partnering: Exploring NEC’s emphasis on collaboration, risk-sharing, and proactive dispute avoidance strategies.

Claims for Delay, Disruption, and Additional Payment

Practical guidance on the legal and evidentiary requirements for pursuing claims arising from project delays, disruptions to planned workflows, and claims for additional compensation.

CPA (Construction Project Agreement)

Examination of the CPA and its function in formalising roles, responsibilities, and expectations in major construction projects, and its implications for dispute resolution.

Claims Preparation

A practical guide to assembling a strong, credible claim, including the use of contractual entitlements, project documentation, expert input, and the structuring of claims for arbitration.

Record Keeping

Best practices in maintaining accurate, contemporaneous records to support or defend claims. This session highlights the importance of documentation in evidentiary submissions during arbitration.

Global Claims

An exploration of global or total cost claims—where delays and costs are attributed to multiple causes without precise allocation. The session examines their validity and treatment in arbitration.

Disruption

An in-depth look at claims relating to the disturbance of planned work sequences, their quantification, and evidentiary requirements to establish entitlement to compensation.

Variations

Understanding contractual provisions governing changes in the scope of works. This includes instruction protocols, pricing of variations, and their impact on time and cost claims.

Presenter Profiles

Kevin Spence

Presenter

Read Bio

Clinton McAslin

Presenter

Read Bio

Mark Hammick

Presenter

Read Bio
Course requirements

CONDITIONS

  • The number of registrations is limited, and will be on a first-come, first-served basis.
  • The course fee includes all course notes, lunches, refreshments and parking but excludes accommodation and travel costs.
  • In the case of insufficient applications, AFSA reserves the right to cancel the course as such or a module. In this event, applicants will be informed and all fees will be refunded immediately.
  • Unforeseen circumstances may necessitate the appointment of presenters other than from the ones advertised.
  • The course is presented in English.
  • A written examination and/or project is to be completed.
  • The Johannesburg course will take place at AFSA, 1st Floor, Grindrod Tower, 8A Protea Place, Sandton.
  • The Pretoria course will take place at AFSA, Groenkloof Chambers, 205 Florence Ribiero Ave, Groenkloof Ext 11.
  • Cancellations accepted up to 1 month prior to commencement of the course, but subject to a 10% administration fee. No refunds or cancellations will be allowed if cancelled less than two weeks before the date of commencement of the course. Replacement delegates are acceptable.
  • Delegates are required to be in attendance for the full hours.
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Information

Kevin Spence

Kevin Spence is a registered Professional Civil Engineer, Mediator, Adjudicator, and Arbitrator with over 50 years of experience in the construction industry. His extensive career has seen him work on a wide range of major infrastructure projects, including freeway and airport runway construction, earthworks, dam and pipeline development, water-retaining structures, and both asphalt and concrete road surfacing. With a deep interest in construction law, Kevin has earned the Fellowship of Arbitrators qualification and a Postgraduate Specialisation in Construction Law through the Association of Arbitrators (Southern Africa). He now focuses on large-scale construction claims and dispute resolution.

Regarded as an expert in the FIDIC suite of contracts and the four contract types prescribed by the Construction Industry Development Board (CIDB), Kevin is one of the few FIDIC-accredited trainers on the African continent. He is an esteemed facilitator and trainer, delivering workshops and training sessions both locally and internationally. Kevin is also listed on the prestigious FIDIC President’s List of Adjudicators, cementing his reputation as a leading authority in the field of construction law and dispute resolution.

Kevin has held several leadership roles throughout his career, including serving as an Independent Consultant since 2014. Previously, he was the Director and General Manager of Binnington Copeland and Associates from 2007 to 2013, and the Managing Director of both Spray Pave (Pty) Ltd and LTA Construction Group Companies. His early experience also includes roles as a Construction Manager at ZAI Consulting and as a Specialist Engineer for Concrete Roads at Basil Read (Pty) Ltd.

Throughout his career, Kevin has served on numerous Dispute Adjudication Boards (DABs) and Dispute Avoidance/Adjudication Boards (DAABs), as well as acting as an Arbitrator and Adjudicator on high-value infrastructure projects across Africa. His experience spans countries such as South Africa, Namibia, Uganda, Ethiopia, Zambia, Mozambique, Lesotho, and Eswatini, with project values ranging from R75 million to over USD $400 million. Kevin holds a BSc Eng (Civil) from the University of the Witwatersrand and has completed the MAP at Wits Business School. He is a registered Professional Engineer with ECSA and a Fellow of several prestigious professional bodies, including the Association of Arbitrators (Southern Africa) and the Institute of Quarrying.

Clinton McAslin

Senior Counsel | Arbitrator | Adjudicator | Mediator

Clinton is a Senior Counsel and a member of the Johannesburg Society of Advocates, specialising in construction law with a particular focus on construction guarantees. With extensive experience in dispute resolution, he is well-versed in mediations, adjudications, and arbitrations, both domestic and international, arising from standard form building contracts.

In addition to acting as counsel, Clinton is regularly appointed as an arbitrator, adjudicator, or mediator in complex construction disputes. He has also served as an acting judge of the High Court of South Africa. While his primary practice lies in arbitration, he continues to appear before the High Courts in South Africa and Botswana when required.

Clinton brings deep legal insight and practical experience to the AFSA ADR Programme, providing participants with expert guidance on navigating construction-related disputes through various dispute resolution mechanisms.

Mark Hammick

Mark began his career in 1982, working as a Site Quantity Surveyor, and joined Kingsbourne as a director in 1994. He was tasked with evaluating variations and claims on a wide range of projects including large dams, bulk earthworks (including open-cast mining), roads and highways, civil and building works, pipe-works and harbours, and power-generation plants.

Mark’s responsibilities include the preparation of claims (including variations) for adjudication, mediation, and arbitration for various construction projects in Australia, sub-Saharan Africa, West and East Africa, Mauritius, Madagascar, the United Arab Emirates, the European Union, Papua New Guinea, and Japan.

Mark regularly sits as an expert witness on matters relating to the quantification of claims in mediations, adjudications and arbitrations in Australia, Botswana, Lesotho, South Africa, as well as several West African countries.

Mark has acted, and continues to act, as both a single-member DAB and a chairperson/member of three-person DABs on numerous projects in sub-Saharan Africa, in addition to DBs and DAABs.