Below is a synopsis of some of the firm's experiences. The list
is not exhaustive and is intended to give an impression of the breadth
and depth of the competences and acumen that is currently retained
in the firm.
Africa
Within the scenario of election annulment and cessation of funding
for a government Parrastatal, developed exit strategy
for contractor handling major infrastructure works through multiple
contracts at various stages of completion. Developed legally compliant
payments offset strategy; prosecuted practical execution of strategy;
appeared before investigating committees. Negotiated
final status on all contracts. Offset unutilized contract advance
payments. Established and presented prices and conditions for recommencing
selected projects.
Successfully represented established contractor before military
state tribunal concerned with due process and correctness of final
accounts of all previous contracts executed for the state.
Represented a federal infrastructure contractor on wrongful termination.
Included preparation and submission of engineer’s decision.
Ensuing commencement of arbitration and litigative
defense against
Federal government actions to use the courts to suspend the arbitration
process. Enabled arbitration to proceed and obtained award in the
contractor’s favour. Included representing contractor
at ministerial level.
Identified, developed and executed a successful initially defensive
then offensive strategy for the accelerated procurement and delivery
of an onshore gas compression installation within a $200 million
EPIC contract in one of the most difficult environments
in the oil and gas industry.
Reviewed all pre-contract documentation. Evaluated and priced
contract risk. Chaired tender preparation submission committee for
1000 km cross national oil pipeline for a European Joint Venture.
For a pipeline construction company
start-up: prepared all
draft contract documentation, for example: procurement, forms
of sub- and supply contracts. Reviewed all tender submissions for
contract risk and evaluated respective cost or excluded as
necessary before submission. Set up contract and administrative procedures,
checklists, review requirements for different levels of the contract
documentation and correspondence. Mentored and monitored first
12 months of operation which included contract managing first 32
inch onshore gas pipeline project.
Conducted all contract correspondence for the supply and erection
of one of the largest brick factories in Africa. Prepared and
prosecuted final contract claims.
Managed contractors response to the Federal government request for
various BOT (Build Operate Transfer) road proposals. Drafted
appropriate contracts. Advised Ministry of Justice and Works and
Housing on appropriate enabling legislation. Negotiated terms
and conditions with financial institutions and
insurance houses.
Presented final proposals at federal level.
Negotiated contract and administered through to final account
and collection for a major european contractor engaged in the
execution of a turnkey residential township including all infrastructures
and support utility plants.
Substantiated and prepared all the final claims on behalf of a large
european contractor undertaking a subcontract for civil works on
a statewide surface water gathering and purification plant and distribution network.
China
Advised a land holding property developer on appropriate
forms of Contract and security with regards to financing designing
and building a hotel casino in the centre of a commercial hub.
Europe
Prepared, negotiated and settled post–completion, pre-maintenance
certification final accounts for sewage treatment
works.
On fast track expansion of an operating paper
mill set
up and devised governing law and contract compliant strategy which
converted a fixed-price contract into cost plus. Assisted in
establishing inadequacies in existing contract for type of work required
and acceptance thereof. Set up procedures for notifying and accepting
cost. Administered contract successfully through to receipt
of final payments.
Nuclear Installation: Set up and administered response matrix
to client actions and inactions as required by the contract. Monitored
appropriateness of response and intervened as and when necessary.
Prepared final accounts including requests for additional reimbursement
for troubled steel rolling mill extension.
Assisted a hotel property developer in drafting tender documents
evaluating subsequent bids. Administered all correspondence between
the client and all parties including licensing
permits, environmental
acceptance (turtle breeding ground) main contractor relationships,
nominated subcontractor negotiations and monitoring of execution
and claims defense.
Advised large established European contractor on cross jurisdictional
unfair practices suites with regards to award of a major contract
by an oil major defendant to a client’s competitor.
Middle East
Mentored client on all contractual correspondence, adoptions of
minutes of meetings, etc., throughout the design and construction
of a military hospital.
Prepared requests for engineer's decisions and subsequent successful
presentation to arbitration for international European joint-venture
contracting 500 km of road through three of the highest mountain
ranges in the region.
For a large European blue-chip contracting venture engaged on one
of the largest hydro electric dams in the region: Drafted multiple
requests for engineer's decisions (Dams, ancillary work, tunnels,
bypass works, blasting, etc.). Prepared and presented notices of
intent to arbitrate (all engineer's decisions ) selected legal team,
represented venture before ICC tribunal in Paris to successful award
(US$ 176 million). Assisted in judicial enforcement and recovery
of award amounts across various jurisdictions.
For an international contractor engaged in the turnkey construction
of several aerated concrete plants throughout the country: administered
close out contract correspondence prepared requests for engineer's
decisions, negotiated and settled same.
USA
For a high value building works contractor and
property developer concerned about lack of recovery. Reviewed all existing contracts,
forensicly established true cost for each. Compared these costs
to expected revenue. Advised on appropriate internal staff changes.
Defined and enforced internal change order procedures and approvals
as a precursor to contact expenditures. The company's margins increased
considerably thereafter.
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