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Joe Whittle

Director

Joe Whittle is a Director in our Dispute Resolution practice and a member of our Construction & Engineering sector, based in our Stellenbosch office in the Western Cape. Joe specialises in construction dispute resolution, including mediation, adjudication, arbitration, and litigation, and has extensive experience in FIDIC, NEC 3, JBCC Series 2000, GCC, and other forms of construction and engineering contracts, both in representing parties to disputes involving such contracts and in negotiating their terms. Joe also has a broad range of experience in general commercial litigation.

Operating from Stellenbosch, a thriving economic hub in the Western Cape, positions Joe at the heart of a rapidly expanding market for construction, engineering, and infrastructure development. The region’s strong property, renewable energy, and agri-business sectors, combined with its growing network of developers, financiers, and technology-driven enterprises, make Stellenbosch a strategic location for providing tailored legal solutions to clients across industries.

+27 (0)11 562 1138
joe.whittle@cdhlegal.comJohannesburgStellenbosch
Joe Whittle

About Joe

Areas of expertise

Dispute ResolutionConstruction & Engineering
Insurance Law

Experience

  • Representing a party to a joint venture involved in an EPCM services contract relating to the construction of a uranium processing plant in Namibia.

  • Representing the developer and landlord of a hospital in KwaZulu Natal in a dispute with its tenant regarding the condition of the operating theatres and assisting the client with the settlement of a claim against the mechanical engineers relating to defective design.

  • Representing the owners of a shopping centre upgrade project in disputes with its contractor, the termination of the relevant contracts and the successful calling up of the construction guarantees.

  • Representing the developer of a renewable energy project under the Department of Energy's REIPPP Programme in High Court and arbitration proceedings.

  • Representing a state-owned entity in multiple adjudications, arbitrations and High Court proceedings under the NEC 3 form of contract relating to a pipeline project joining KwaZulu Natal and Gauteng provinces for the supply of liquid fuel products.

  • Representing the owner and lenders regarding claims made under a bespoke EPC contract based on the FIDIC Yellow Book relating to the construction of a gas fired power station being constructed in Mozambique.

  • Representing the infrastructure development arm of a major local municipality in dispute adjudication proceedings relating to disputes under several JBCC Series 2000 principal building agreements.

  • Representing a state-owned entity in dispute adjudication proceedings under the NEC 3 form of contract relating to the widening and deepening of the Durban Harbour entrance

  • Advised the Curators of the Fidentia Group (under curatorship) in various legal proceedings for the recovery of misappropriated funds.

  • Advised the Curators of Medicover Medical Aid Scheme (under curatorship) in claims against various insurers and former management companies for the recovery of funds.

  • Advised a development corporation in various litigious matters including the urgent winding up of several companies in a hospital group.

  • Represented a jewellery company in the enquiry into the affairs of Retail Apparel Group (in liquidation) (RAG).

  • Represented an airline company in urgent proceedings brought against it relating to its newly issued credit card.

  • Represented a banking institution in legal proceedings brought against it by former employees for the recovery of various claims.

Recognition

  • Chambers Global 2020–2026 ranked Joe in Band 3 for construction.
  • The Legal 500 EMEA 2017–2025 recommended him for construction. 

Credentials

Education

  • BCom LLB, University of KwaZulu-Natal
  • Year of admission as an attorney: 1985

LANGUAGES

  • English
  • Afrikaans

News

Cementing the power of adjudicators in South African construction law
Construction & Engineering

Cementing the power of adjudicators in South African construction law

Dispute resolution in the construction industry is unique in that it must balance speed with fairness. South Africa, like many other jurisdictions, has adopted adjudication (in the...
Unconscionability as a defence to on-demand guarantees
Construction & Engineering

Unconscionability as a defence to on-demand guarantees

On-demand performance guarantees are a staple in construction and engineering projects due to their commercial function of ‘as good as cash’ security, providing employers with prompt...
Webinar Recording | Risks facing construction projects in Africa
Construction & Engineering

Webinar Recording | Risks facing construction projects in Africa

Our panel of experts gave an overview of the challenges and constraints that face players in the construction industry in Africa and practical insights on how to handle them.
The issue of procedural rights and settlement agreements in the adjudication of the defence of fraud against the enforcement of a performance guarantee
Dispute Resolution

The issue of procedural rights and settlement agreements in the adjudication of the defence of fraud against the enforcement of a performance guarantee

The parties to a construction contract often agree to the conclusion of separate financial arrangements with third parties for the purposes of ensuring financial security and project...
Back to the future: Harnessing Building Information Modeling for Greening Retrofit Projects
Construction & Engineering

Back to the future: Harnessing Building Information Modeling for Greening Retrofit Projects

Amid the international push towards sustainability and energy efficiency, retrofitting existing buildings into greener models is a crucial strategy for reducing the consumptive effect...
Termination for convenience: Traversing the termination tightrope in NEC 3 contracts
Construction & Engineering

Termination for convenience: Traversing the termination tightrope in NEC 3 contracts

Enforcing the contractual right to terminate a construction contract is a serious choice and must always be approached with caution. This is especially so in the case of the widely...
While the world wars on, contracts without an escalation clause could leave contractors embattled, high and dry
Construction & Engineering

While the world wars on, contracts without an escalation clause could leave contractors embattled, high and dry

In recent times, construction contractors in South Africa have experienced severe financial constraints as a result of the COVID-19 pandemic and its effect on the construction industry,...
Climate change, keeping construction evergreen in the race to net zero
Construction & Engineering

Climate change, keeping construction evergreen in the race to net zero

In this series, CDH’s Construction & Engineering experts address key issues facing the South African construction industry and provide insights into its future. Part 2 reviews the...
Building Information Modelling: The future is here, and it’s #digital
Construction & Engineering

Building Information Modelling: The future is here, and it’s #digital

In this series, CDH’s Construction & Engineering experts will address key issues facing the South African construction industry and provide insights into its future. Part 1 looks at...
Employers’ direct payments to subcontractors in times of financial distress: A penniless pursuit
Construction & Engineering

Employers’ direct payments to subcontractors in times of financial distress: A penniless pursuit

Subcontracting portions of a construction project is a well-established practice in South Africa and is an important and effective means of involving small-, medium- and micro-sized...
The FIDIC Contracts: COVID-19, Acts of God and other Exceptional Events
Dispute Resolution

The FIDIC Contracts: COVID-19, Acts of God and other Exceptional Events

The COVID-19 pandemic has had a profound impact on the construction industry in South Africa. Construction projects were only permitted to resume operations once the country reached...
Your JBCC Contract: COVID-19 and other curse words

Your JBCC Contract: COVID-19 and other curse words

What can parties to a JBCC (Joint Building Contracts Committee) Construction Contract do to prevent the COVID-19 pandemic infecting your contract? We look at a situation where washing...
“Impossibility” is no excuse! High Court enforces compliance with adjudicator’s decision

“Impossibility” is no excuse! High Court enforces compliance with adjudicator’s decision

On 2 September 2019, the Johannesburg High Court handed down a judgment (Case Number 2104/18) in which it had to determine whether to enforce a decision of an adjudicator in circumstances...
Just what the High Court prescribed – A party may call up a Guarantee in instances where more than three years had passed since the date of the underlying contractual breach
Dispute Resolution

Just what the High Court prescribed – A party may call up a Guarantee in instances where more than three years had passed since the date of the underlying contractual breach

On 26 June 2019, the Pretoria High Court handed down a judgment in a matter in which the Court had to determine whether a party may call up a demand guarantee in instances where the...
When the neighbouring building developer plans ruin your scenery
Dispute Resolution

When the neighbouring building developer plans ruin your scenery

Dispute Resolution Director, Joe Whittle & Associate, Reece May joined Classic FM to discuss what building owners should do when the neighbouring building developer plans ruin your...
Neighbouring building plans ruining your scenery? Constitutional Court rules that legitimate expectations of property owners should be considered

Neighbouring building plans ruining your scenery? Constitutional Court rules that legitimate expectations of property owners should be considered

On 19 February 2019, the Constitutional Court (CC) handed down its judgment in the consolidated matters of Trustees of the Simcha Trust v Da Cruz and Others and City of Cape Town v...
Where a beneficiary makes demand in terms of a guarantee is material! … or is it?
Dispute Resolution

Where a beneficiary makes demand in terms of a guarantee is material! … or is it?

According to the Johannesburg High Court, in the recent case of Lombard Insurance Company Limited v Schoeman and Others 2018 (1) SA 240 (GJ), it really doesn’t matter where a demand...

All articles by Joe
Cementing the power of adjudicators in South African construction law
Construction & Engineering

Cementing the power of adjudicators in South African construction law

Dispute resolution in the construction industry is unique in that it must balance speed with fairness. South Africa, like many other jurisdictions, has adopted adjudication (in the...
Unconscionability as a defence to on-demand guarantees
Construction & Engineering

Unconscionability as a defence to on-demand guarantees

On-demand performance guarantees are a staple in construction and engineering projects due to their commercial function of ‘as good as cash’ security, providing employers with prompt...
The issue of procedural rights and settlement agreements in the adjudication of the defence of fraud against the enforcement of a performance guarantee
Dispute Resolution

The issue of procedural rights and settlement agreements in the adjudication of the defence of fraud against the enforcement of a performance guarantee

The parties to a construction contract often agree to the conclusion of separate financial arrangements with third parties for the purposes of ensuring financial security and project...
Back to the future: Harnessing Building Information Modeling for Greening Retrofit Projects
Construction & Engineering

Back to the future: Harnessing Building Information Modeling for Greening Retrofit Projects

Amid the international push towards sustainability and energy efficiency, retrofitting existing buildings into greener models is a crucial strategy for reducing the consumptive effect...
Termination for convenience: Traversing the termination tightrope in NEC 3 contracts
Construction & Engineering

Termination for convenience: Traversing the termination tightrope in NEC 3 contracts

Enforcing the contractual right to terminate a construction contract is a serious choice and must always be approached with caution. This is especially so in the case of the widely...
While the world wars on, contracts without an escalation clause could leave contractors embattled, high and dry
Construction & Engineering

While the world wars on, contracts without an escalation clause could leave contractors embattled, high and dry

In recent times, construction contractors in South Africa have experienced severe financial constraints as a result of the COVID-19 pandemic and its effect on the construction industry,...
Climate change, keeping construction evergreen in the race to net zero
Construction & Engineering

Climate change, keeping construction evergreen in the race to net zero

In this series, CDH’s Construction & Engineering experts address key issues facing the South African construction industry and provide insights into its future. Part 2 reviews the...
Building Information Modelling: The future is here, and it’s #digital
Construction & Engineering

Building Information Modelling: The future is here, and it’s #digital

In this series, CDH’s Construction & Engineering experts will address key issues facing the South African construction industry and provide insights into its future. Part 1 looks at...
Employers’ direct payments to subcontractors in times of financial distress: A penniless pursuit
Construction & Engineering

Employers’ direct payments to subcontractors in times of financial distress: A penniless pursuit

Subcontracting portions of a construction project is a well-established practice in South Africa and is an important and effective means of involving small-, medium- and micro-sized...
The FIDIC Contracts: COVID-19, Acts of God and other Exceptional Events
Dispute Resolution

The FIDIC Contracts: COVID-19, Acts of God and other Exceptional Events

The COVID-19 pandemic has had a profound impact on the construction industry in South Africa. Construction projects were only permitted to resume operations once the country reached...
Your JBCC Contract: COVID-19 and other curse words

Your JBCC Contract: COVID-19 and other curse words

What can parties to a JBCC (Joint Building Contracts Committee) Construction Contract do to prevent the COVID-19 pandemic infecting your contract? We look at a situation where washing...
“Impossibility” is no excuse! High Court enforces compliance with adjudicator’s decision

“Impossibility” is no excuse! High Court enforces compliance with adjudicator’s decision

On 2 September 2019, the Johannesburg High Court handed down a judgment (Case Number 2104/18) in which it had to determine whether to enforce a decision of an adjudicator in circumstances...
Just what the High Court prescribed – A party may call up a Guarantee in instances where more than three years had passed since the date of the underlying contractual breach
Dispute Resolution

Just what the High Court prescribed – A party may call up a Guarantee in instances where more than three years had passed since the date of the underlying contractual breach

On 26 June 2019, the Pretoria High Court handed down a judgment in a matter in which the Court had to determine whether a party may call up a demand guarantee in instances where the...
Neighbouring building plans ruining your scenery? Constitutional Court rules that legitimate expectations of property owners should be considered

Neighbouring building plans ruining your scenery? Constitutional Court rules that legitimate expectations of property owners should be considered

On 19 February 2019, the Constitutional Court (CC) handed down its judgment in the consolidated matters of Trustees of the Simcha Trust v Da Cruz and Others and City of Cape Town v...
Where a beneficiary makes demand in terms of a guarantee is material! … or is it?
Dispute Resolution

Where a beneficiary makes demand in terms of a guarantee is material! … or is it?

According to the Johannesburg High Court, in the recent case of Lombard Insurance Company Limited v Schoeman and Others 2018 (1) SA 240 (GJ), it really doesn’t matter where a demand...

All articles by Joe
Webinar Recording | Risks facing construction projects in Africa
Construction & Engineering

Webinar Recording | Risks facing construction projects in Africa

Our panel of experts gave an overview of the challenges and constraints that face players in the construction industry in Africa and practical insights on how to handle them.

All videos by Joe
When the neighbouring building developer plans ruin your scenery
Dispute Resolution

When the neighbouring building developer plans ruin your scenery

Dispute Resolution Director, Joe Whittle & Associate, Reece May joined Classic FM to discuss what building owners should do when the neighbouring building developer plans ruin your...

All podcasts by Joe

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