- SANRAL contract R.040-050-2010/2 for upgrading of R40 from turnoff to Sabie (the R28) to R533 in Bushbuckridge awarded to Roadmac Surfacing (Pty) Ltd and work commenced on 28 February 2011 and ended in February 2013.
- The claim was made by Mr Henry Nonyane, of Stand 711; Jim Brown Trust; Hazyview that damage discovered by Ms Agnes Sehlangu to his dwelling was allegedly caused on 19 and 20 January 2012 by the action of a vibratory roller being operated by the contractor or his sub-contractors at the time.
- Two of the contractor’s staff, Mr Peter Makwetla and Mr Kenneth Mashego, accompanied by the Resident Engineer from Vela VKE Consultants Mr Johan Van Straten attended a meeting with Ms Agnes Sehlangu at the house. The contractor was of the view that the damage to the house could not have been caused by his operations. The position of the house was more than 50 meters away from the road, and so was far enough away for the vibratory roller to have no effect. In spite of this, the claim was referred to the contractor’s Insurance providers. The matter was investigated, and the claim was subsequently denied as there was insufficient proof that the damage was caused by the activities of the contractor. All machinery was found to comply with standard specifications.
- On 4 September 2012, the contractor’s brokers sent a letter via email to Ms Sehlangu that her claim was rejected. On 12 September 2012 the claimant’s legal advisors responded to above letter with request that decision be revisited. On 16 October 2012, the contractor wrote a letter to the claimant’s legal advisors that their claim was denied and no compensation for damages would be made.
- No further correspondence was received from the claimant by the contractor nor SANRAL since the above communication in 2012.
- The project was handed back to SANRAL in February 2012 and the Defects Liability period ended in February 2013. In terms of the contract with SANRAL, the contractor is obliged to carry all risks associated with claims from third parties against the contract and that SANRAL is not legally responsible. Due to fact that the contract ended in February 2013 and that the matter has now prescribed in law as it is older than 3 years, SANRAL has no further actions it can take to assist.
4 September 2012 - Letter from Contractors Brokers
12 September 2012 Letter from claimant’s legal advisors
16 October 2012 Letter from Contractor to claimant’s legal advisors