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