Author

Michelle Porter-Wright

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Michelle leads Baker McKenzie's South African dispute resolution practice, advising on contract administration and dispute resolution on major energy and infrastructure projects. She has notable experience in international commercial arbitration and is qualified to practice in South Africa, and England & Wales. Michelle holds a master's degree in Construction Law and Dispute Resolution from King's College, University of London, and is widely published in peer-reviewed academic journals. Michelle has been recognised by all major directories for her work in South Africa’s construction sector. She holds Lexology’s 2024 Client Choice award for Construction in South Africa. She was named Contract Administration & Dispute Resolution Practitioner of the Year by Acquisition International, South Africa 2024. Michelle sits on the board of Africa Construction Law and regularly guest lectures in her field. She holds a BSc from the University of Cape Town and is passionate about promoting STEM education.

In brief The construction industry faces challenges in enforcing adjudication decisions, limiting its effectiveness outside the UK. Adjudication bonds, emerging from the PFI market, offer a solution by guaranteeing payment of adjudicated sums. These bonds, typically 10-20% of contract value, ensure immediate payment upon noncompliance, reducing the need for lengthy legal proceedings. Successful implementation requires careful drafting and integration into existing contracts. Adjudication bonds incentivize compliance, enhance adjudication’s credibility, and improve project cash flow. This…