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Gary Rademeyer

Director

Gary Rademeyer

Durban

T:+27 31 582 5810

Gary specialises in energy, construction and engineering law with the advantage of extensive experience in the negotiation and drafting of construction contracts and project agreements, as well as dealing with any disputes should they arise in the performance of the contracts.  He has conducted large arbitrations in all the Provinces in South Africa, as well as in neighbouring States and in other litigation in Africa and internationally pertaining to construction disputes, representing employers, contractors and sub-contractors.

Gary has extensive knowledge of all aspects of the energy and construction industries, from large scale commercial and residential projects to complex plant facilities.  Construction and engineering projects involve a number of risks and those risks need to be negotiated, allocated and managed.  He has a keen interest in risk reduction in projects and has spoken at seminars and conducted training on identifying and dealing with the inherent risk in projects and ensuring their appropriate allocation to the best person placed to manage those risks.  With an in-depth knowledge of the construction industry Gary knows generally what risks the respective parties to construction and operating and maintenance contracts are prepared to accept and how to overcome any difficulties in negotiations concerning the sharing of risk.  The benefit of an in-depth knowledge of the risks and the methods of allocating and managing them and conducting project risk due diligence exercises often expedites the bankability of a project.  He has an in-depth knowledge of the mitigation of risks by insurance and advises on all aspects of project insurance.

Gary has advised on construction joint ventures, including inter alia joint venture agreements, consortium agreements, shareholders' agreements and the articles of association of the joint venture companies.  He has also been extensively involved in co-generation power projects and other large projects being conducted by co-generation power producers.  He also has experience in procurement in India and China and the resolving of disputes in those countries should disputes arise on projects.

Gary advises contractors, sub-contractors and employers on the use of the FIDIC suite of documents, including conditions of contract for construction, conditions of contract for plant and design-build and conditions of contract for the EPC/Turnkey projects as well as on the drafting of agreements for the procurement of plant, machinery and equipment with extensive experience in preparing specifications for various items of plant, including amongst others, boilers, turbines, diffusers, air conditioning equipment, furniture and fittings and the like.  He also advises on the drafting of consultancy agreements for the appointment of all consultants (architects, electrical and mechanical engineers, project managers, quantity surveyors, geotechnical engineers) utilising the standard FIDIC White Book and other consultancy agreements published by the respective professions, the NEC suite of contracts and EPCM contracts.

Gary is experienced in advising on all construction based aspects for renewable energy and mining projects particularly as part of the South African REIPP program as well as drafting standard form contracts for the small energy renewable programme in South Africa.  Gary also has experience with advising on the requirements of merchant power plants that are being contemplated in South Africa.

He advises on EPC, O&M, SMA and various other agreements for wind, photovoltaic and concentrated solar power projects.  He has also advised on hydro and co-generation projects.

Gary has advised on two concentrated solar power plants under the REIPP programme in South Africa, the development of wind farms for independent power producers for construction in South Africa and elsewhere in Africa, a project for the construction of a new molasses to alcohol distillery in east Africa, waste facilities at landfill sites, open cast diamond mining projects, copper mining projects, the construction of the Moses Mabhida Stadium in Durban for the 2010 FIFA World Cup and has also represented contractors in regard to the commercial issues and all disputes relating to the stadiums constructed and refurbished for the World Cup.  He has also been involved in high profile projects such as the new King Shaka International Airport and the Dube Tradeport.

Gary has oil and gas experience in dealing with fuel tanks and oil pipelines, for example the major pipeline running from Durban to Johannesburg, South Africa.

Gary was involved in the early stages of the Mmamabula coal project as well as the early stages of an underground coal gasification project that is being contemplated.  His experience includes advising on procurement in India and China for those projects including the greenfield establishment of a sugar mill and all the procurement required for the mill, including cogeneration facilities as well as advising on procurement for ethanol plants

IFLR1000
Gary Rademeyer is a leading lawyer for Energy & Infrastructure
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  • Education
    • B.A., LL.B qualification from the University of Natal.
    •  Diplomas in income tax and pension fund law.
  • Representative experience
    • Represented developers, employers and listed construction companies in numerous projects, big and small relating to the construction of various plants such as coal handling, mines, ports, airports, packaging plants, co-generation plants, sugar mills, shopping centres, office buildings and industrial buildings.
    • Represented owners, lenders, contractors in various renewable energy projects including the preparation of EPC and O&M contracts, advice concerning the implementation of those contracts, advising on the insurance requirements and guarantees required to be issued under those contracts.  Renewable energy projects, such as:
      • Abengoa – CSP Plant
      • Abengoa – PV Plant
      • Ilangalethu: 100MW CSP project
      • Mulilo Prieska PV: 75MW photovoltaic solar power plant
      • Tsitsikamma Community Wind Farm – Wind Farm
      • Jasper – PV Plant
      • Kalahari (Kathu) Solar – CSP Plant
      • Cookhouse – Wind Plant
      • Electrawinds – Wind Plant
      • Lesedi and Letsatsi (Soutdrift and Groenwater) – PV Plant
      • AE-AMD – PV Plant
      • West Coast One Site – Wind
      • Kensani Solar (De Aar) – PV Plant
      • Neusberg Small Hydro Project – Hydro Plant
      • Ilangalethu – Concentrated Solar Power
      • Ubuntu – Wind
      • Graspan – Wind
      • Valleydora – Wind
      • Ariesfontein – PV Plant
      • Moyeng/Rheboksfontein – Wind
      • Windlab – Wind projects
      • Solar Capital – Solar Power
      • Hertzogville – PV
      • Oyster Bay – Wind
      • Golden Valley – Wind
      • Excelsior – Wind
      • Theunissen UCG Project
  • Admissions
    • Attorney, qualified in South Africa 1985
  • Rankings and recognitions

    Gary is recognized by the following reputable rating agencies and their publications as a leading lawyer:

    • "He is a most thorough attorney and exceptionally bright," according to Chambers Global, 2017 sources.
    • Gary has been listed as a leading lawyer in the financial and corporate space by IFLR1000, 2016.
    • Gary was ranked as one of the most highly regarded individuals in energy by Who's Who Legal 2013 (Energy) reporting that Gary "is fantastic on renewable energy and is lauded for offering "innovative legal solutions no matter what the challenge".
    • Chambers and Partners Global Guide to the World's Leading Lawyers 2013 reports that "clients value Gary Rademeyer's experience and pragmatic attitude.  According to sources, "he looks for solutions not disputes," and has "superb knowledge."
    • Gary was also recently ranked in Chambers and Partners Global Guide to the World's Leading Lawyers 2014 – Construction (South Africa) as a noted specialist in contractual work, receiving significant acclaim for his handling of EPC, O&M and FIDIC matters. Clients describe him as 'excellent in that field.'"
    • The International Financial Law Review (IFLR1000) Petroleum Economist : Energy & Infrastructure Guide 2014 rankings reports that Rademeyer is picked out for construction expertise: "they have very good people for construction and Gary in particular is very practical and really understands the construction side of a deal for EPC".
    • The Legal500 for Projects and Infrastructure have reported "with Gary Rademeyer leading on the construction side.  The team is of 'a high standard', shows 'proactive dedication' and 'adds a lot of value across a project'".
    • The Legal500 for Real Estate and Construction have also reported "…with Gary Rademeyer making an outstanding impression".
    • Gary is listed as a recommended construction lawyer in Legal500, 2015.
  • Publications
    • Financial Institutions Legal Snapshot – Construction contract requirements under Coal Baseload IPP Procurement Programme.
    • German book publication; Gary Rademeyer has contributed a chapter for a book by Dr Jörg Böttcher of HSH Nordbank AG. The book relates to the "Legal framework conditions regarding renewable energies project financings" and contains several aspects of such project financings generally as well as specifically in certain countries. Gary’s contribution relates to the South African context of this topic. Gary was assisted by Coldron Denichaud. The book will be published in German.
  • Speaking engagements
    • Engineering & Construction Risk Institute : Singapore December 2011 -Presenter at the ECRI Sponsors Meeting on Key Risks in Project Management from a Legal Perspective, Marcus Evans: Johannesburg 14th & 15th August 2013 – Course trainer on the topic of  EPC Contract Risk Management Strategy.
    • Sugar & Ethanol Africa 2013 Conference: Durban 10-12 September 2013: Addressing The Problems and Challenges in Financing Biofuel Projects.
    • Norton Rose Fulbright Workshop: Johannesburg 13 November 2013 – Presented on EPCM contracting including an analysis of the risks and rewards.
    • Tongaat Hulett Growers Forum: Durban 28 January 2014 - Addressing the problems and challenges in financing Biofuel Projects (primarily South Africa).
    • West Africa EPC Conference: Accra, Ghana 19 & 20 February 2014- Dispute resolution in EPC projects: Working towards project efficiency.
    • Powering Africa: Mozambique Executive Dialogue: Mozambique 8 – 9th May 2014.  Participated in the roundtable dialogue focused around investment generation into Mozambique's gas and power.
    • FIDIC ICC Conference: Johannesburg 9-10 June 2014 - Pursuing claims and dispute resolution under FIDIC.