ENSafrica’s construction and engineering team offers the complete suite of services across front-end and back-end construction and engineering matters in the energy, mining and infrastructure sectors. The team is structured to provide clients (including project finance lenders and participants) with specialist skills, regardless of the developmental stage of an infrastructure project. The team also provides back-end support (arbitration and dispute resolution) during and/or following project implementation. Combined with continental expertise, the firm’s African reach enables it to bring a market-wide commercial perspective for clients in each transaction and to make available specialist local teams on demand.
ENSafrica’s practitioners understand the fine line between legal certainty and commercial reality, which enables them to provide comprehensive legal and strategic advice and deliver practical, commercial solutions when drafting and negotiating contracts.
The construction and engineering team has an exceptional understanding of the risks associated with construction projects in Africa and proactively identifies, allocates and minimises these risks. While the firm focuses on dispute avoidance, when it comes to construction projects, disputes are not always avoidable. In these instances, the team’s skills are supplemented by extensive mediation, adjudication and arbitration experience, as well as a thorough knowledge of litigious processes and procedures used throughout Africa.
“First-rate firm with an impressive breadth of expertise. Handles a wide variety of projects, including the construction of power stations and mines as well as large-scale refurbishments. Adept in both litigation and arbitration, handling disputes in relation to delays and variations.” – Chambers Global Guide
ENSafrica’s construction and engineering practitioners have specialised sub-skills. Their experience covers all major sectors, including transport infrastructure, oil and gas, petrochemicals, process plant, power, mining and metals, and commercial property. ENSafrica advises on, and assists with:
- risk management, including in-depth analysis and effective allocation of risk
- the tender process and tender evaluations, including developing procurement strategies, providing procurement regulatory advice, and compiling and reviewing requests for proposals
- drafting, negotiating and administering standard form agreements (FIDIC, NEC, JBCC, GCC, PROCSA and BIFSA), as well as supply agreements, bespoke contracts and professional consultancy agreements
- various contracting methodologies (such as EPC, EPCM, D&B and DB&O)
- contract administration
- mediation, adjudication, arbitration and litigation
- construction bonds and guarantees
- sector-related insurance
- the regulatory environment