Hertz, Richard

PrTechEng MSAICE FAArb

I have worked with NEC options A, B and E as a contractor.
I have solid knowledge of the GCC contracts viz. 2004, 2010 and 2015 as a contractor and as a claims consultant.
Although hardly used in the civil engineering field, I have worked extensively with the JBCC suite of agreements and have good knowledge thereof as contractor, PA and claims consultant.
For the past several years I have assisted both employers and contractors as a claims consultant and have been involved in the submission of claims, the defence of claims, and the compilation of pleadings for adjudications and arbitrations.

Richard Hertz’s work experience is rooted in the construction industry. He started with Concor in 1981 where he worked his way up to the position of Managing Director of Concor Coastal. He studied Civil Engineering at what is now the University of Johannesburg and qualified with a National Higher Diploma (Civil Engineering) in 1984.

He specialised in structural engineering, attaining his M.Dip(Tech) in 1986. In 1991 he registered with ECSA as a PrTechEng. He subsequently completed the Certificate Course, the Fellowship Course and the Specialisation in Construction Law Course with the Association of Arbitrators and he is a Fellow of the Association of Arbitrators of Southern Africa. He is also a member of SAICE and serves on its panel of adjudicators and arbitrators.

With Concor he worked on projects of both a civil engineering and building nature, initially: mining infrastructure, bridges, roads, dams, and later: shopping centres, commercial buildings, industrial buildings and high-rise residential. Whilst managing the Coastal Division, Richard was a director of Concor Properties and Managing Director of Concor’s electrical company, Electro-Network.

Hertz left Concor in late 1999 and formed a project management consultancy that became Key Projects. He was the Principal Agent on numerous commercial, industrial and residential buildings in Durban, Johannesburg and Cape Town. He founded Key Developments undertook several developments in Durban, Johannesburg and Cape Town, some in JV with a major JSE-listed entity.

Since 2010, he has been involved in wind farms in the Eastern Cape as an investor and developer. He also consulted to Bedrock, a tilt-up specialist for a few years, overseeing special projects where his responsibilities included pricing, technical and commercial.

Hertz has worked with contracts since the mid-1980s and has a sound knowledge of the industry from the perspective of contractor, principal agent and developer. From these perspectives, he has personally formulated numerous contractual claims and defences including extensions of time, variations, payment certificates, termination and suspension, and expense and loss. His background provides solid grounding to support his occupation as a claims consultant, party representative, adjudicator and arbitrator in the built environment industry.