Associate (Admitted in South Africa, not Australia)
Norton Rose Fulbright Australia
Related services and key industries
Ashleigh Petzer is a construction and engineering lawyer based in Sydney.
Ashleigh specialises in front-end cross-border and domestic engineering and construction transactions in the mining, commercial, infrastructure and energy sectors.
Ashleigh's skills in the construction arena include the negotiation and drafting of Australian Standards Design and Construct Contracts, FIDIC and NEC forms of contracts, bespoke EPC and other arrangements, direct agreements, supply agreements, tender documentation, related security arrangements and risk assessment and profiling.
- Bachelor of Laws (Cum Laude) University of the Witwatersrand
- Certificate in Advanced Company Law I (University of the Witwatersrand, Nelson Mandela Institute)
- Certificate in Advanced Company Law II (University of the Witwatersrand, Nelson Mandela Institute)
- Attorney, qualified in South Africa 2017
- Various Lendlease commercial projects including the Design and Construct contracts and downstream contracts for Salesforce Tower.
- Property Asset Management Company in respect of, amongst other things, assisting with the drafting and negotiation of various development management and construction/EPC and ancillary agreements for the company's property developments situated in Sub-Saharan Africa, including those situated in Nigeria, Ghana, Kenya and Uganda. The developments include shopping malls, commercial offices, residential apartments and other mixed-use commercial properties.
- Joint venture arrangement with an international oil storage company as a major shareholder advice in relation to the procurement and construction of a liquid bulk storage facility and ancillary works pursuant to a BOOT agreement concluded with Transnet Soc Ltd and our client. The matter, whilst ongoing, involves the negotiation and drafting of a project financed EPCM arrangement with a financed amount of approximately ZAR900 million for phase 1, going up to ZAR1.5 billion for phase 2 comprising of various work package FIDIC contracts and a professional services contract. Ashleigh was responsible for being part of the team in the negotiations with the lenders, doing the drafting of the FIDIC contracts and related security arrangements, the professional services contract, reviewing the BOOT agreement, conducting risk assessments, drafting of the tender documentation, commenting on the direct agreement and all related documentation forming part of the transaction.
- Joint venture arrangement with an international oil storage company as a major shareholder on the development and construction of a commercial crude oil blending and storage terminal with a total capacity of 13.2 million barrels, comprising 12 in-ground concrete tanks in Saldanha Bay.
- Great Dyke Investments (Pvt) Ltd transaction advisers in relation to a cross-border transaction in relation the construction of a mining and processing plant in the Republic of Zimbabwe involving an EPCM arrangement with a large number of work packages under the umbrella of the FIDIC suite of contracts. The transaction also involves the negotiations with the lenders and contractors, advice relating to strategy and implementation, various pricing arrangements, tender documentation, security arrangements, electricity supply contracts and offtake arrangements.
- Manganese Mining Company in relation to the procurement of processing plant infrastructure at their Borwa Manganese Mine. Assisted client with drafting and negotiating an EPC Agreement for the procurement of a secondary processing plant to replace their existing plant. Advised client with the preparation and negotiation of an EPC Agreement for the procurement of a new semi-fixed ore processing plant to replace that currently used by the their contract miners.
- A blue chip mining company in relation to template updates to their suite of the NEC 3 Engineering and Construction Contract and all related NEC documentation and notices, including the NEC 3 Supply contract as well as their documentation and security package arrangements. Ashleigh was fully involved in the updating of these template documents as well as giving some training to the relevant De Beers and other project personnel in this regard.
- Major Oil and Gas company with a listed shareholder relating to the purchase of a portion of an LPG pipeline from Quantum Gas Terminals Limited by Tema Oil Refinery Limited, the Ghanaian state oil company in Ghana as well as the negotiation and drafting of an operations and maintenance agreement and a back-to-back arrangement with Mogs Proprietary Limited. Ashleigh was involved in this matter from inception and responsible for the negotiation and drafting of the pipeline sale agreement and back-to-back agreement as well as negotiating the operations and maintenance agreement.
- Listed packaging and paper group advice in relation to the construction arrangements pertaining to the upgrade of Mondi's paper mill in Richards Bay, Kwa-Zulu Natal comprising of various work packages under the umbrellas of the FIDIC suite of contracts and a capital goods agreement.
Article - "Regulatory sandboxes: the what, the why's, the how's" Published on IT Web (https://www.itweb.co.za/content/BO2rQGqAXkeMd1ea)