We assist clients throughout the project life cycle of complex infrastructure and construction projects. This includes all stages of development and delivery and extends to financing and disputes under all forms of construction contracts.
We have a wealth of experience that cuts across multiple specialist sectors including energy, manufacturing, mining, real estate, transport, telecoms and utilities.
Our thorough understanding of various standard forms of contracts, including FIDIC, the NEC and the JBCC, allows us to help clients manage their risk in tandem with their risk appetites.
Our disputes expertise extends from mediation, arbitration and litigation to negotiating and structuring major settlement agreements which often deal with interconnected and complex commercial and regulatory issues related to the public sector.
Our recent experience includes assisting South Africa’s principal energy utility with all aspects of its two new flagship coal-fired power plants; advising an Asian port authority on the first public private partnership port in East Africa; and representing an important member of China’s real estate industry before the National Environmental Tribunal against a third party seeking to halt the development of its African real estate headquarters in Kenya. In addition, we are presently advising on the development and construction of East Africa’s first carrier neutral data centre, based on a suite of FIDIC contracts.
Through our footprint in Africa, including the OHADA region, and our strong relationships with firms on the ground in other key jurisdictions, we are well placed to provide cross-border advice spanning the full range of legal services to clients doing business in this sector.
Our specialist construction and engineering lawyers serve clients ranging from major contractors to promoters, leading developers, funders, purchasers, tenants and occupiers among others.
Our specialist services include assisting with/ advising on:
- Applicable legislation across the African continent
- The entire spectrum of construction and engineering law and the related regulatory environment
- Various standard forms of contracts, including FIDIC, the NEC and the JBCC
- Construction aspects of financing agreements, purchase agreements, PPP project agreements and agreements for lease
- Operation and maintenance and facilities management agreements on completed projects
- Construction and engineering disputes including mediation, arbitration and litigation
- Currently advising China First Highway Engineering Co., Ltd. (“CFHEC”) on the design, build, finance, operate, maintain and transfer (DBFOT) of the Kampala-Jinja Expressway PPP Project which comprises a 77km expressway from Kampala to Jinja and a 20km bypass to the south of Kampala city.
- Advised China National Offshore Oils Corporation (CNOOC) on the farm-in of one third of Tullow Oil’s interest in 3 oil exploration blocks in Western Uganda.
- Advised the Albertine Graben Refinery Consortium (composed of General Electric, Yaatra Ventures LLC, Intra-continent Asset Holdings Limited and Sapiem SPA) on the regulatory aspects in its negotiations with the Government of Uganda to construct and operate the Uganda Oil Refinery.
- Currently advising NLS Waste Power Plant Limited in a project to develop a WTE Plant with a capacity of 35Mwe whose main objective is to manage waste and generate energy and heat through different technological processes while mitigating the environmental impact of waste disposal.
- Acted for and advised Shimizu-Konoike Joint Venture (SK-JV) in Uganda in the implementation of the 3.2 Kilometer Kampala Fly – Over project. This project involves the construction of a modern (clock tower) flyover, a four lane Nsambya underpass, a clock tower square, three pedestrian bridges, expansion of part of Nsambya, Kibuli, Mukwano and Ben Kiwanuka roads and upgrading of the drainage system around clock tower.
- Advised a East African Marine transport Company, a roll-on / roll-off freight-vessel company on establishing operations in Uganda.
- Advised the China Export Import Bank in the financing of the 600MW Karuma Hydro Power Plant.
- Acted as Counsel to Ugandan lenders to Standard Chartered Bank Plc in connection with an umbrella financing for a telecommunications project across several African jurisdictions.
- Acted for Eaton Towers Uganda Limited in a financing of the acquisition of the tower infrastructure segment of Bharti Airtel in Kenya, Madagascar and Rwanda; Warid Telecom Uganda Limited; and Orange Uganda Limited.
- Advised Hatton National Bank Plc and Bank of Ceylon in the financing of the design, engineering and construction of the 6.5MW Muvumbe Hydro Power Project in Western Uganda.
Experienced in handling both commercial and contentious mandates. Represents clients including insurance companies and public enterprises, as well as high-level construction firms. Offers experience across a range of sectors, including energy, infrastructure, mining and utilities.
Chambers and Partners, 2022
A well established front-end and contentious construction practice that has achieved significant market share in South Africa and across the continent. A healthy mix of infrastructure, energy, mining and transport-related engagements. Has impressed in a series of headline infrastructure projects in South Africa and beyond.
Legal 500, 2021