Advocates, Attorneys and Consultants providing legal advice, support and dispute resolution services exclusively to the industries of:

  • Construction;
  • Mining;
  • Engineering;
  • Energy;
  • Technology;
  • Oil and gas;

In cooperation with Al Bannai & Company and Tiefenthaler Africa.

Construction

Pre-contract Services

The types of services offered include legal advice and drafting with respect to:

  • Standard form conditions of contract (eg. FIDIC; NEC)
  • Conditions of tender
  • Particular conditions of contract
  • Tender qualifications and limiting liability
  • Legislative/regulatory compliance
  • Project risk assessments
  • Project structuring (Eg Lump sum/Remeasurement/ EPC/ EPCM/ Target Cost/ Cost Plus arrangements)
  • Project financing and negotiations
  • Contract insurances, bonds and sureties
  • PPP/BOT and related contracts
  • Project partnering and alliance arrangements
  • Joint venture formulation and drafting of agreements
  • Nominated/selected/domestic subcontracts

Post-award

The range of services includes:

  • Advice on options available when faced with contractual difficulties (Eg. Unforeseen conditions/variations/delay/disruption/ acceleration/scheduled rates/subcontracts)
  • Drafting and dealing with contractual correspondence
  • Advice on payment issues (Eg. Late payment or certification/under-certifying/deductions from certificates etc)
  • Claims formulation and resolution (Eg. extensions of time/additional compensation/damages)
  • Demands for performance
  • Advice on delay damages/penalty deductions
  • Advice on project programming issues (Eg. critical paths/concurrency/resource loading/delay analyses)
  • Advice on project close-outs (Eg. Tests and commissioning/taking-over certification/sectional completion issues/snagging/guarantee issues)

Dispute Resolution

Archer & Marks together with Al Bannai & Co has the experience and expertise to obtain the very best results in any forum, including:

  • Negotiation strategies, advice and representation
  • Mediation forums
  • Adjudication/DAB tribunals
  • Domestic and international arbitration
  • Court actions and applications (eg. interdicts/orders for specific performance/claims for damages/provisional sentence summons’/enforcing awards)
  • Calling in or defending sureties
  • Enforcing rights under insurances