construction & engineering - werksmans€¦ · > advised a jse-listed company on fidic-based...

CONSTRUCTION & ENGINEERINGPRACTICE AREA

The team works closely with our experts in related fields such as taxation and competition law and also deals with the Johannesburg Stock Exchange (JSE), the Takeover Regulation Panel and The South African 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 ASSIST

Our 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.

CONTRACTS

Our 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 RECORD

Description 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.

> 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 a 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.

JASON SMIT

ANNUSCHA PILLAY

DESWILLIAMS

DEWALD VAN DEN BERG

HAROLD JACOBS

JOHAN THERON

JUSTIN TRUTER

AHMORE BURGER-SMIDT

DEON GRIESSEL

GREG NOTT

HENDRIK KOTZE

JENNIFER SMIT

JONATHAN STOCKWELL

MONIQUEPANSEGROUW

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

Title: Director Offi ce: JohannesburgDirect line: +27 (0)11 535 8148Email: [email protected]

Title: ChairmanOffi ce: JohannesburgDirect line: +27 (0)11 535 8234Email: [email protected]

Title: DirectorOffi ce: JohannesburgDirect line: +27 (0)11 535 8443Email: [email protected]


Title: DirectorOffi ce: Cape TownDirect line: +27 (0)21 405 5260Email: [email protected]

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




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




MEET THE CONSTRUCTION & ENGINEERING TEAM

PHUMELELE MADALA

PEGGYMABASO



MEET THE CONSTRUCTION & ENGINEERING TEAM CONTINUED

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

Operating in Gauteng and the Western Cape, and connected to an extensive African legal network through LEX Africa, the fi rm’s reputation is built on the combined experience of Werksmans and Jan S. de Villiers, which merged in 2009.

LEX Africa was established in 1993 as the fi rst and largest African legal network and offers huge potential for Werksmans’ clients as it provides a gateway to Africa to companies seeking to do business on the continent. Each LEX Africa member fi rm specialises in corporate and commercial law and dispute resolution combined with intimate knowledge of the local customs, business practices, cultures and languages of each country.

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

Werksmans’ more than 180 lawyers are a powerful team of independent-minded individuals who share a common service ethos. The fi rm’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

JACQUES VAN WYK

DAVE WALKER

Title: DirectorOffi ce: Cape TownDirect line: +27 (0)21 405 5142Email: [email protected]


MAPHANGAMASEKO

SAHNDYA NAIDOO

JEFFREY BORTZ

HELENMICHAEL

RITA CHEN

Title: Associate Offi ce: JohannesburgDirect line: +27 (0)11 535 8111Email: [email protected]

Title: Associate Offi ce: Cape TownDirect line: +27 (0)21 405 5230Email: [email protected]

Title: Consultant Offi ce: JohannesburgDirect line: +27 (0)11 535 8199Email: [email protected]

Title: Associate Offi ce: JohannesburgDirect line: +27 (0)11 535 8424Email: [email protected]

Title: AssociateOffi ce: JohannesburgDirect line: +27 (0)11 535 8233Email: [email protected]

construction & engineering - werksmans€¦ · > advised a jse-listed company on fidic-based...

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