Africa

Many of our clients’ projects are based in Africa, with the region seeing rapid growth and providing excellent opportunities. Our experience of working with clients, and our relationships with our ‘best friend’ law firms throughout Africa, mean that we understand the market and the specific challenges that may be faced when operating in the region.

We have assisted clients on a number of construction projects cross Africa, with a strong focus on the Sub-Saharan region.

Recent examples include advising clients on infrastructure works including road schemes, harbour works, airports, hospital projects and large marine and civil engineering projects.

We run a series of seminars and workshops across Africa entitled AME Seminars. These are designed to provide understanding of international engineering and construction contracts for governments, contractors, consultants, employers and other professionals. We have addressed numerous delegates at these seminars, providing them with essential guidance.

The ALN (formerly Africa Legal Network), comprises 14 leading law firms in Africa – with presence in Algeria, Ethiopia, Guinea, Kenya, Madagascar, Malawi, Mauritius, Mozambique, Nigeria, Rwanda, Sudan, Tanzania, Uganda, and Zambia.

We have a close relationship with the ALN which enables us to leverage the legal expertise of approximately 550 lawyers and supporting resources

Africa Construction Experience By Location

Africa Construction Experience At a Glance

Hydroelectric power project, Uganda

Acting for a joint venture of two substantial international contractors engaged by the governments of Rwanda, Tanzania and Uganda to construct a run of river hydroelectric power project along the border between these countries, in an ICC arbitration concerning amongst other issues improper administration of the contract and severe delay and disruption to the works.

Hydro project, Uganda, Uganda

Advising on dispute board proceedings and an UNCITRAL arbitration in respect of payment disputes on a hydro project in Uganda – value approx £10m (FIDIC Red Book).

New-build Hospital, Tanzania

Acting for the Tanzanian branch of a major international owner and operator of hospitals and health care facilities, in a dispute procedure ultimately leading to ICC arbitration seated in London, in relation to substantial defects in the HVAC systems installed in a newly-constructed hospital building that prevented use of the facilities constructed in this building.

Aga Khan Health Service, Dar es Salaam, Tanzania

Advising the Aga Khan on the procurement of its professional team in relation to the expansion of the Aga Khan Hospital and the creation of a 150 bed tertiary care hospital. Advice included drafting a suite of consultants’ appointments based on the FICID White Book (2006), and negotiating and concluding the same.

Road project, Tanzania

Acting for an international contractor in respect of a dispute arising out of a road project in Tanzania.

Highway Dispute, Tanzania

Advising on a $200m highway dispute subject to the FIDIC Yellow Book in Tanzania involving DAB proceedings and ICC arbitration; issues including termination, payment, extension of time, and defects allegations.

Breweries, South Africa

Advising a well known brewer on the terms of the contracts for the construction of two new breweries in South Africa, including drafting amendments to the NEC Engineering and Construction Contract (second edition)

Construction project, Nigeria

Providing legal advice and assistance in relation to a professional negligence/breach of contract claim in the Federal High Court of Abuja regarding transaction advisory services provided for a construction project . The claim is subject to Nigerian law.

World Trade Centre, Abuja, Nigeria

Advising the developer on contractual issues relating to $1bn project for the construction of the World Trade Centre in Abuja, Nigeria

Cement Plant, Mozambique

Acting for a developer in relation to an EPC contract relating to the construction of a cement plant in Maputo, Mozambique. Work included preparing the EPC contract based on the FIDIC Silver Book (1999), and negotiating and concluding the same with the contractor. We have provided ongoing advice.

Theatre, Morocco

Advising a firm of consulting structural and civil engineers to limit their exposure to allegations of professional negligence in respect of costs and delay in relation to a theatre and public arts development in Morocco.

Road project, Malawi

Chairing a dispute board on a major road project, training Employers and engineers on construction contracts.

Dam, Lesotho

Advising on a dispute regarding the collapse of a dam.

Thaba Tseka Road project, Lesotho

Advising in an arbitration in relation to the Thaba Tseka Road, a major transport link in Lesotho which has serious safety issues.

Aga Khan University, Nairobi, Kenya

Drafting a suite of consultants’ appointments in relation to the Aga Khan University in Nairobi, Kenya.

Hotel, Conakry, Guinea

Preparing a building contract based on FIDIC Red Book (1999) for a Dubai-based developer for the construction of a hotel in Conakry, Guinea.

Road upgrade project, Ghana

Acting for an international contractor to prepare, negotiate and conclude the construction contract with the Government of Ghana, (based on FIDIC Silver Book 1999), subcontracts and consultancy agreements, project security documents, and other related documentation for the delivery of the project.

Highway upgrade project, Ethiopia

Acting for an international contractor in two separate ICC arbitrations in relation to the recovery of VAT under contracts for multiple road projects in Ethiopia (FIDIC Pink Book).

Djibouti airport, Djibouti

Advising the Djibouti Ports & Free Zone Authority in relation to the procurement and construction of a new international airport and associated transport infrastructure in Djibouti, East Africa. Advice included advising on proposed construction contracts (FIDIC Yellow Book), negotiating these with a Brazilian contractor, and concluding the contractual documentation.

Police stations, Democratic Republic of Congo

Acting for an international consultant in respect of procurement and the preparation of project documentation relating to construction and major refurbishment of police stations throughout the Democratic Republic of Congo; working closely with DRC counsel in respect of public procurement issues.

Construction project, Angola

Acting for several large international Turkish contractors on major projects including building, oil refinery works, civil engineering and tunneling works and shipbuilding in Angola.