Gary Rademeyer
Director
Norton Rose Fulbright South Africa Inc
Related services and key industries
Biography
Gary specialises in projects and in particular their construction. He has a vast experience in dealing with infrastructure projects as well as projects concerning energy and other industrial plants. Gary is a specialist in 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 experience in advising clients concerning their involvement in PPP projects such as:
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The project being executed by the City of Mhlathuze in KwaZulu-Natal, South Africa, relating to its Waste Water and Associated By-Products Re-use PPP. He is advising clients concerning the project in relation to inter alia the Municipal PPP Regulations, the Municipal PPP Guidelines and the Municipal Finance Management Act concerning a waste-water and associated by-products re-use product derived from the treatment of such water project.
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The project being executed by the Polokwane Municipality in Polokwane, South Africa, relating to its Regional Waste Water Treatment Works and Related Works for an operational period of 30 years. The advice being given relates to the project for the financing, design, construction, operation and maintenance of the Polokwane Regional Waste Water Treatment Works under a public private partnership.
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The project being executed by the Gauteng Infrastructure Financing Agency to develop a bio-energy eco-industrial park on behalf of the Merafong City Local Municipality.
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Mondi waste water project in Richards Bay.
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The Durban Water Recycling project.
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New water recycling project for the west of Durban.
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 regarding the identification of 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 such as the General Conditions of Contract for construction Works issued by the South African Institution of Civil Engineering (SAICE), Gary is familiar with the differences between GCC 2010 and the third edition (2015). Gary is also familiar with dealing with these General Conditions of Contract in the format prescribed by the Construction Industry Development Board in the Standard for Uniformity in Construction Procurement and in conjunction with SANS 1921 that deals with the requirements and constraints relating to the manner in which contract work is to be performed. He is also familiar with the NEC suite of contracts and has dealt extensively with EPCM contracts.
Gary is experienced in advising on all construction based aspects for renewable energy 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 also has experience in dealing with roof top solar projects. He has also been extensively involved in the CSP projects in Morocco representing Masen.
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 three concentrated solar power plants under the REIPP programme in South Africa and Masen's CSP projects in Morocco where he has worked closely with Masen's technical team on the technical aspects of the project, 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. Gary is also part of a team in advising the Utility in Morocco concerning a hybrid CSP/PV plant and is involved in advising on a hybrid biomass/wind project in South Africa. He has also been involved in high profile projects such as the new King Shaka International Airport and the Dube Tradeport. Gary has also advised on roof top solar projects. Gary has been extensively involved in resolving disputes in the Ilangalethu CSP project in Upington, South Africa concerning inter alia the solar field.
Gary has oil and gas experience in dealing with fuel tanks and oil pipelines, for example the major fuel 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 green field 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. He is also involved in the 3,000MW coal fired Lusulu power project in Zimbabwe.
Gary is advising in gas-to-power projects in South Africa in the Ports of Richards Bay and Coega and in Saldanha in respect of the gas to power project for ArcelorMittal. He is also advising on an underground coal gasification project.
More recently Gary has been extensively involved in water reclamation projects, in particular, the reclamation of water in Richards Bay, South Africa, with a listed South African construction company, Group Five Construction Limited and Abengoa Water.
Gary has in his former position as a director of Garlicke and Bousfield Inc extensively advised Tongaat Hulett Developments in respect of many of their projects including the Point Waterfront, the Mount Edgecombe Estate and Zimbali on a wide range of issues. He was also extensively involved in the resolution of disputes that arose in respect of those projects. He obtained his B.A., LL.B qualification from the University of Natal and was admitted as attorney in 1985. He has also obtained Diplomas in income tax and pension fund law.
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| Gary Rademeyer is a leading lawyer for Energy & Infrastructure |
Professional experience
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B.A., LL.B qualification from the University of Natal.
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Diplomas in income tax and pension fund law.
- Attorney, qualified in South Africa 1985
- Appointed by iGas (a subsidiary of the Central Energy Fund Group, an official State Agency for the development of the hydro carbon gas industry in Southern Africa) to provide technical and commercial advisory services to conceptualise LNG import and distribution in South Africa.
- Represented developers, employers and listed construction companies in numerous projects, big and small relating to the construction of various plants such as coal handling, mines, ports, airports, packaging plants, co-generation plants, sugar mills, shopping centres, office buildings and industrial buildings.
- Represented Group Five and Intertoll concerning the upgrading and operation and maintenance of toll roads in India. The contracts were worth approximately US$100 million. Extensive experience was gained on the requirements for the construction of roads.
- Advised a civil engineering company concerning the raising of the Hazelmere Dam wall, which project involved the GCC2010 Engineering Contract.
- Represented owners, lenders, contractors in various renewable energy projects including the preparation of EPC and O&M contracts, advice concerning the implementation of those contracts, advising on the insurance requirements and guarantees required to be issued under those contracts. A list of some of the renewable energy projects are:
- Masen's CSP projects in Morocco
- Abengoa – CSP Plant
- Abengoa – PV Plant
- Ilangalethu: 100MW CSP project
- Mulilo Prieska PV: 75MW photovoltaic solar power plant
- Tsitsikamma Community Wind Farm – Wind Farm
- Jasper – PV Plant
- Kalahari (Kathu) Solar – CSP Plant
- Cookhouse – Wind Plant
- Electrawinds – Wind Plant
- Lesedi and Letsatsi (Soutdrift and Groenwater) – PV Plant
- AE-AMD – PV Plant
- West Coast One Site – Wind
- Kensani Solar (De Aar) – PV Plant
- Neusberg Small Hydro Project – Hydro Plant
- Ilangalethu – Concentrated Solar Power
- Ubuntu – Wind
- Graspan – Wind
- Valleydora – Wind
- Ariesfontein – PV Plant
- Moyeng/Rheboksfontein – Wind
- Windlab – Wind projects
- Solar Capital – Solar Power
- Hertzogville – PV
- Oyster Bay – Wind
- Golden Valley – Wind
- Excelsior – Wind
- Advising on the Theunissen underground coal gasification project
Gary is recognized by the following reputable rating agencies and their publications as a leading lawyer:
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Legal 500 EMEA
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2020 - recognised as a leading individual in Constrution and stating that "Gary Rademeyer, has a fine reputation for front-end construction and disputes."
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2019 - recognised as a leading individual in Construction.
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2018 - ranked as tier 1 for both front-end and back-end matters for Norton Rose Fulbright further adding that "Norton Rose Fulbright South Africa Inc provides an 'excellent and solid service' for disputes, including insurance-related cases, and construction linked to renewable energy and conventional energy projects. The team is increasingly active in cross-border work into the wider continent ..."
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2017 - recommended for Construction
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2015 - recommended for Construction
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Chambers and Partners Global Guide to the World's Leading Lawyers:
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2019 - ranked in "Band 2" under Construction as having a "wealth of expertise in both transactional and disputes construciton work. He has significant experience in construction contract negotiation and drafting"
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2018 - ranked in "Band 1" under Construction as a "top-tier constrution lawyer with a great deal of experience handling both front and back-end concerns. He has significant experience in advising clients on renewable energy and mining matters, with notable knowledge of gas-fired power plants. He stands out to clients for his 'excellent construction experience'".
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2017 - listed in "Band 1" stating that Gary "acts for construction companies and subcontractors both domestically and abroad. He is well regarded for both his non-contentious and contentious work. 'He is a most thorough attorney and exceptionally bright' confirm sources".
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2016 - ranked in "Band 1" reporting that "the very practical and very pragmatic" Gary Rademeyer receives praise for both his contentious and non-contentious experience. He has advised on the construction of a number of high-profile projects relating to the power, transport and national resources sectors."
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2015 - listed as a leading lawyer for construction.
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2014 - ranked as a "noted specialist in contractual work, receiving significant acclaim for his handling of EPC, O&M and FIDIC matters. Clients describe him as "excellent in that field".
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2014 - Projects & Energy - "Durban-based Gary Rademeyer is recognised for his extensive experience in front-end matters as well as disputes. He possesses notable expertise advising on construction contracts in the energy sector on both conventional and renewable energy".
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2013 - reported that "clients value Gary Rademeyer's experience and pragmatic attitude". According to sources, "he looks for solutions not disputes", and has "superb knowledge".
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The International Financial Law Review (IFLR1000):
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2020 - highly regarded in project development for energy, construction and material;
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2019 - recognised as a leading lawyer for Construction;
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2018 - listed as a leading lawyer "highly regarded" in project development;
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2016 - listed as a leading lawyer in the financial and corporate space;
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2014 - Petroleum Economist: Enery & Infrastructure Guide reports that Rademery is picked out for construction expertise: "they have very good people for construction and Gary in particular is very practical and really understands the construction side of a deal for EPC".
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Who's Who Legal 2013 (Energy):
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Ranked as one of the most highly regarded individuals in energy reporting that Gary "is fantastic on renewable energy" and is lauded for offering "innovative legal solutions no matter what the challenge".
- Financial Institutions Legal Snapshot – Construction contract requirements under Coal Baseload IPP Procurement Programme.
- German book publication; Gary Rademeyer has contributed a chapter for a book by Dr Jörg Böttcher of HSH Nordbank AG. The book relates to the "Legal framework conditions regarding renewable energies project financings" and contains several aspects of such project financings generally as well as specifically in certain countries. Gary’s contribution relates to the South African context of this topic. Gary was assisted by Coldron Denichaud. The book will be published in German.
- Financial Institutions Legal Snapshot - Construction contract requirements under Coal Baseload IPP Procurement Programme.
- German book publication: Gary Rademeyer has contributed a chapter for a book by Dr Jörg Böttcher of HSH Nordbank AG. The book relates to the "Legal framework conditions regarding renewable energies project financings" and contains several aspects of such project financings generally as well as specifically in certain countries. Gary's contribution relates to the South African context of this topic. Gary was assisted by Coldron Denichaud. The book will be published in German.
- Engineering & Construction Risk Institute : Singapore December 2011 -Presenter at the ECRI Sponsors Meeting on Key Risks in Project Management from a Legal Perspective, Marcus Evans: Johannesburg 14th & 15th August 2013 – Course trainer on the topic of EPC Contract Risk Management Strategy.
- Sugar & Ethanol Africa 2013 Conference: Durban 10-12 September 2013: Addressing The Problems and Challenges in Financing Biofuel Projects.
- Norton Rose Fulbright Workshop: Johannesburg 13 November 2013 – Presented on EPCM contracting including an analysis of the risks and rewards.
- Tongaat Hulett Growers Forum: Durban 28 January 2014 - Addressing the problems and challenges in financing Biofuel Projects (primarily South Africa).
- West Africa EPC Conference: Accra, Ghana 19 & 20 February 2014- Dispute resolution in EPC projects: Working towards project efficiency.
- Powering Africa: Mozambique Executive Dialogue: Mozambique 8 – 9th May 2014. Participated in the roundtable dialogue focused around investment generation into Mozambique's gas and power.
- FIDIC ICC Conference: Johannesburg 9-10 June 2014 - Pursuing claims and dispute resolution under FIDIC.
- 4th Annual Meeting Powering Africa Meeting: Maputo, Mozambique 7-8 May 2015 - Laying Foundation for the Future - The Mozambique-South Africa Partnership - Leading the Way to Regional Integration.
- 2015 NAMA Indaba: Durban 11-12 June 2015 - Alternative Energy Sources: Strategies for Energy Efficiency.
- 7th Annual Construction Risk Management Conference: Johannesburg 19-20 August 2015 - Managing risk associated with the contracting of multiple subcontractors on a project - a legal perspective.
- F O Licht's Sugar and Ethanol Africa 2015: Durban 15-16 September 2015 - Funding Biofuel and Biomass projects: challenges in financing and investment appetite.
- Africa Energy yearbook 2016-2017 - Article contribution canvassing the topic of how Independent Power Producer (IPP) investments can be accelerated on the African continent? The Yearbook is a collection of industry insights, articles and interviews focusing on the relationship between the energy sector, the environment and economic development in Africa. Published for distribution at the annual Africa Energy Forum - Africa's most established meeting place for decision-makers working in the power sector. The Yearbook is then distributed for free to all EnergyNet's conference attendees before being sold to the wider database.