Construction, Mining and Engineering Law
Our infrastructure law team provides advice and assistance in all aspects of construction, mining and engineering projects and at any stage of those projects. This includes risk assessment, compliance, procurement, agreements, negotiations and litigation related to construction service providers, project developers and contractors.
We also advise and provide legal assistance with procurement strategies, appropriate contracts, agreement drafting and negotiation, and bespoke or standard form contracts such as NEC, FIDIC, JBCC, GCC, etc.
Our team engages with regulatory officials on behalf of clients and provides advice in regard to applicable industry laws and regulations. Barnard Inc. manages and administers claims and disputes related to contracts and agreements.
Our construction and mining lawyers act for clients in a variety of sectors – including engineering, telecommunications, property and energy.
Contracting Forms Advice and Risk Assessment
- Standard Form Agreements (NEC, FIDIC, JBCC, GCC, iChemE, JCT)
- Work-package arrangements
- Bespoke contractual arrangements in multi-jurisdictional projects
- Procurement reviews
- Risk assessment
When commencing any construction project, the agreement between the parties will be the foundation of their legal relationship.
If this agreement is not drafted and understood correctly, it may very well mean the end of the relationship and result in major damages for the parties involved.
These agreements may vary from a basic Service Level Agreement to FIDIC-, NEC- and JBCC agreements. Theses agreements should only be signed once proper advice has been obtained and consensus is reached between the parties.
We have a dedicated team of lawyers specialising in Mining & Construction Law. The Mineral and Petroleum Resources Development Act No 49 of 2008 (with the help of other legislation) regulates the mining industry and provides that all minerals in South Africa are owned by the state.
Naturally, this will result in royalties payable to the state by the mining right holder and various other obligations such as the establishment of a Mining Works Program, Environmental Management Program and a Social and Labour Plan.
Mining & Construction Services
We advise a wide spectrum of clients across many sectors, with expertise in transport infrastructure, energy, oil & gas, chemicals, telecommunications, property and mining. Our team understands the crucial aspects of projects and stakeholders within each sector.