Construction & Infrastructure

Construction and infrastructure development is key to the development of South Africa and the African continent and to social and economic transformation in Africa. In recent times proving more key than ever. The continent’s infrastructure deficit presents vast opportunities for investment in sectors such as water, power generation, mining, transport, and telecommunications. It also may be fertile ground for complex and costly disputes.

With a unique combination of business acumen, technical know-how, legal expertise and considerable experience in construction and engineering law disputes, our multidisciplinary team of lawyers advises and assists clients on construction and infrastructure projects across all sectors. Providing a cradle to grave service to clients involved in construction and infrastructure projects. From assessing and managing risks and ensuring compliance with local legislation and global best practice, to managing and progressing disputes to final settlement or resolution, our team is well-equipped to guide clients through all stages of a project lifecycle.

Whether on local or international projects, we advise and assist government, developers, sponsors, lenders, civil engineers, architects, contractors, sub-contractors, consultants, project managers and construction companies on all aspects of construction and infrastructure projects and any disputes which may arise.

In project finance transactions and in public-private-partnerships, our team has represented lenders and borrowers in some of the largest transactions of this type in Southern Africa. We have also been involved in projects such as the Gauteng Freeway Improvement Project, the largest open road tolling project of its kind, nearly every toll road project in South Africa and in many aspects relating to the Kusile and Medupi power projects. This lends itself to our holistic expertise in assisting clients in complex and bespoke contracts as well as with various standard forms of contracts, including FIDIC, the NEC and the JBCC, as well as the structuring and negotiating of major settlement agreements in complex commercial and regulatory issues related to the public sector.

Through our LEX Africa alliance, the first and largest legal network on the continent, Werksmans’ clients also have access to African lawyers with the expertise to advise on a vast array of multijurisdictional construction and infrastructure projects.

Our experience extends to:

  • Project development, project finance and refinancing
  • All aspects of Public Private Partnerships
  • Risk assessments and due diligence investigations
  • Financing agreements, purchase agreements, PPP project agreements
  • Standard forms of contracts, including FIDIC, NEC and JBCC
  • Tender processes and evaluations
  • Regulatory compliance
  • Local and global dispute resolution via mediation, adjudication, arbitration and/or court litigation
  • Negotiating and structuring settlement agreements

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