construction and engineering - werksmans · services agreement). ... involved in a south african...

The team works closely with our experts in related fields such astaxation and competition law and also deals with the JohannesburgStock Exchange (JSE), the Takeover Regulation Panel and The SouthAfrican Reserve Bank.

Our lawyers act for clients in a variety of sectors – including mining, retail, telecommunications, banking and insurance.

Our team has accordingly represented numerous South African and international clients engaged in takeovers, reverse takeovers, corporate mergers, acquisitions, restructuring, hostile bids, privatisations and empowerment transactions.

HOW WE CAN ASSISTOur areas of expertise:

> Dispute resolution, litigation and mediation;

> Environmental and Water Law legislation;

> Project finance;

> Energy and infrastructure;

> Procurement strategy advice;

> PPP projects;

> REIPPP projects;

> Tender documentation and bid evaluation;

> The development of compliance and governance frameworks;

> Risk management to avoid disputes and delays; and

> Competition law as it pertains to the construction and engineering sectors.

CONTRACTSOur team can also advise on the selection, preparation, interpretation and application of the following standard contracts:

> FIDIC (Fédération Internationale Des Ingénieurs-Conseils);

> NEC (New Engineering Contract) Project finance; and

> JBCC (Joint Building Contracts Committee).

Werksmans can also assist with:

> The standard form GCC (General Condition of Contract);

> The standard form SAACE (South African Association of Consulting Engineers) engineers’ contracts;

> The standard form SAIA (South African Institute of Architects architects’ contracts;

> The standard form SAIA principle agents’ contracts;

> The standard form ASAQS (Association of South African Quantity Surveyors) contracts; and

> The standard form PROCSA (Client/Consultant Professional Services Agreement).

TRACK RECORDDescription of matter and our role:

> Representing a Chinese State-Owned Enterprise (one of the largest engineering construction companies in the world), involved in a South African joint venture in relation to construction contract disputes pertaining to a bulk water transfer scheme.

CONSTRUCTION AND ENGINEERINGPRACTICE AREA

> Managed the procurement of standby generators for all the stadia used for hosting the 2010 FIFA World Cup Soccer Tournament.

> EPC and O&M negotiations for various wind and solar energy generation projects under the current Renewable Energy Independent Power Producer Procurement Programme (REIPPP) led by the South African Government’s Department of Energy.

> Advised large smelters utilising waste gas and waste heat as fuel sources on various cogeneration projects.

> Advised a leading South African gold mining firm on various energy projects, based on FIDIC forms as well as bespoke contracts for their power plants in Ghana.

> Advised an integrated construction house on various issues arising from the terms of a JBCC contract for the delivery of a low-cost housing project in the Eastern Cape.

> Advised one of the world’s largest global diversified natural resource companies on all aspects of the construction of a ferrochrome smelter.

> Prepared a number of commercial terms and conditions relating to the construction of the Gautrain project on behalf of a concession company.

> Advised a foreign-owned process engineering firm on various issues pertaining to a waste water treatment plant.

> Ran several JBCC arbitrations on behalf of a listed healthcare company in relation to various construction and expansion projects.

> Advised the joint employers of a nationwide fibre-optic cable project on all issues pertaining to FIDIC requirements.

> Advised a multi-national engineering company on all their NEC contracts with a local parastatal.

> Advised an international mining company on FIDIC-based EPC contracts relating to various platinum plant and infrastructure projects.

> Advised a large listed European entity on EPC contracts for the establishment of a wind farm.

> Advised an international mining company on FIDIC-based engineering and related contracts for a mine in Burkina Faso.

> Advised a subsidiary of a prominent New York Stock Exchange-listed company on contracts relating to a local parastatal’s Standard Offer Programme.

> Advised a New York Stock Exchange-listed company on EPC and O&M contracts for two solar energy plants.

> Advised a large multinational company on EPC and O&M contracts for a gas-fuelled power station in Mozambique.

> Advised a JSE-listed company on FIDIC-based EPC contracts for coal-fired power station in Mpumalanga.

> Advised a JSE-listed company on FIDIC-based contracts for the construction and design of its coal-processing plants.

> Advised a multitude of smaller construction, design and engineering entities relating to their contractual obligations ranging from once-off agreements to JBCC and FIDIC contracts.

MEET THE CONSTRUCTION AND ENGINEERING TEAM

AHMOREBURGER-SMIDT

SHIRLEY FODOR

Title: Director, Werksmans Advisory Services (Pty) LtdOffice: JohannesburgDirect line: + 27 11 535 8462Email: [email protected]

Title: DirectorOffice: JohannesburgDirect line: +27 (0)11 535 8316Email: [email protected]

JASONSMIT

ASTRIDBERMAN

DEONGRIESSEL

HAROLDJACOBS

Title: Director and practice area headOffice: JohannesburgDirect line: +27 (0)11 535 8359Email: [email protected]




KATHLEENLOUW


KHOSIMABASO


SARAHMOERANE


CHRISMORAITIS


MONIQUEPANSEGROUW


ANNUSCHAPILLAY


JENNIFERSMIT


JONATHANSTOCKWELL

Title: DirectorOffice: Cape TownDirect line: +27 (0)11 535 8439Email: [email protected]

JOHANTHERON


HENDRIKKOTZE

Title: DirectorOffice: Tyger ValleyDirect line: +27 (0)21 910 9018Email: [email protected]

MEET THE CONSTRUCTION AND ENGINEERING TEAM CONTINUED

JUSTINTRUTER

Title: Director Office: Cape TownDirect line: +27 (0)21 405 5232Email: [email protected]

DEWALDVAN DEN BERG


JACQUESVAN WYK


ROGERWAKEFIELD


DAVEWALKER


DESWILLIAMS


JANENEMEIRING

Title: Senior AssociateOffice: JohannesburgDirect line: +27 (0)11 535 8251Email: [email protected]

HELENMICHAEL


INNOCENTIAMOELE


KHANYI ZUNGU

Title: AssociateOffice: JohannesburgDirect line: +27 (0)11 535 8140Email: [email protected]

Established in the early 1900s, Werksmans Attorneys is a leading South African corporate and commercial law firm, serving multinationals, listed companies, financial institutions, entrepreneurs and government.

Operating in Gauteng and the Western Cape, the firm is connected to an extensive African legal alliance through LEX Africa.

LEX Africa was established in 1993 as the first and largest African legal alliance and offers huge potential for Werksmans’ clients seeking to do business on the continent by providing a gateway to Africa.

With a formidable track record in mergers and acquisitions, banking and finance, and commercial litigation and dispute resolution, Werksmans is distinguished by the people, clients and work that it attracts and retains.

Werksmans’ more than 200 lawyers are a powerful team of independent-minded individuals who share a common service ethos. The firm’s success is built on a solid foundation of insightful and innovative deal structuring and legal advice, a keen ability to understand business and economic imperatives and a strong focus on achieving the best legal outcome for clients.

ABOUT WERKSMANS ATTORNEYS

Keep us closeThe Corporate & Commercial Law Firmwww.werksmans.com

A member of the LEX Africa Alliance

construction and engineering - werksmans · services agreement). ... involved in a south african...

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