ENERGY

  • Represented a leading energy and chemical company in a complex dispute in its wax expansion project, which was delivered in terms of an NEC3 Engineering and Construction Contract. The dispute related to various delay and disruption claims raised by a lead mechanical piping and installation contractor.
  • Advised an American multinational EPC contractor with expertise in power generation on various legal agreements (including the power purchase agreement, implementation agreement, connection agreement and distribution agreement) under the Coal Baseload Independent Power Producer Procurement Programme, including advice on key Preferential Procurement Regulations on local economic development obligations.
  • Represented Eskom in a series of urgent applications arising from a contractor’s unlawful termination of its NEC3 Engineering and Construction Contract on the Kusile Power Station project. Further, represented the client in settlement negotiations and two adjudication proceedings arising out of the same project.
  • Represented a leading energy and chemical company in adjudication and arbitration proceedings arising out of a contract for the supply, fabrication and erection of structural steel. The agreement was based on the NEC3 Engineering and Construction Contract, with a main Option B.
  • Drafted back-to-back supply and installation subcontract agreements relating to the construction of a photovoltaic power plant pursuant to Namibia’s Renewable Energy Feed-in Tariff (REFIT) programme.
  • Drafted a back-to-back EPC subcontract for a manufacturer of photovoltaic panels pursuant to South Africa’s Renewable Energy Independent Power Producer Procurement Programme (REIPPPP).
  • Advised the winning bidder on a 11MWp photovoltaic solar power plant in Greefspan, South Africa and a 22 MWp photovoltaic plant in Herbert, South Africa on EPC, O&M and related agreements including warranties, Implementation Agreement, Direct Agreement.
  • Assisted two wholly-owned subsidiaries of Eskom in preparing templates for the NEC3 suite of contracts. The sets of templates included the Engineering and Construction contracts, Term Services Contracts, Supply Contracts, Professional Services Contracts and ECC and TSC subcontracts from the perspective of the subsidiaries as both employer and contractor.
  • Advised a French multinational contractor specializing in nuclear power and renewable energy on the NEC3 Engineering and Construction Contract for the replacement of steam generators at the Koeberg Nuclear Power Station, unit 1 and 2.
  • Advised a leading solar power developer on bids in phase 1 and then phase 2 of the Renewable Energy Independent Producer Procurement Programme (REIPPPP) in respect of the EPC agreements (some based on the FIDIC Silver Book and other bespoke EPC contracts) and O&M agreements for six photovoltaic plants across South Africa with a combined output of 38 MW.
  •  Advised the Department of Energy and National Treasury on the evaluation of submissions received from potential developers for energy projects in the technologies of Co-generation, Coal, Natural Gas, and Imported Hydro.
  • Advised the Department of Energy and National Treasury in the Renewable Energy IPP Procurement Programme for Solar PV, Wind, Hydropower, Biomass, Landfill Gas, and Concentrated Solar Power. Assisted client in the evaluation of the Bid Responses and in the selection of the Preferred Bidders. Further, assisted client in the drafting of the Implementation Agreements, Distribution Agreements and Power Purchase Agreements.
  • Part of the team of legal advisors that advised Eskom on various aspects of the construction and operation of the Medupi, Kusile and Camden Power Stations. Advised the Department of Energy on the proposed amendments to the Gas Act.