Mark Berry

Partner
Norton Rose Fulbright (Middle East) LLP

Dubai
United Arab Emirates
T:+971 (52) 5542722
Dubai
United Arab Emirates
T:+971 (52) 5542722
Mark Berry

Mark Berry

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Biography

Mark is a senior construction and projects lawyer based in Dubai. He focuses on EPC and EPCM contracts, with particular experience in the natural resources sector, and on the delivery of PPP projects, including in the waste, transport and in the accommodation sectors for health, defence and education. 

Mark has advised on many of the Waste and Waste to Energy projects to be procured in the UK in recent years as well as numerous international projects. He also works with our teams around the world, and will be supporting our Zimbabwe office on the forthcoming EfW project for Haraare.

Mark has particular experience in the natural resources sector including mining construction and associated infrastructure development. He has particular experience in helping companies deliver effective and commercially strategic outcomes, to complex projects in challenging jurisdictions.

Mark's current experience includes advising Eurasian Natural Resources Group in relation to the Metalkol project in the DRC, including advising ERG on Phase 2 for this project which reached close in June 2018.  This was based on a novel funding solution through the construction contract, demonstrating Mark's expertise and versatility in advising not only on construction, but also on commercial and legal elements to provide a holistic approach to the delivery and financing of challenging projects.

He has also co-authored a chapter on Engineer Procure Construction Management (EPCM) contracts in International Construction Law. The second edition was launched this Autumn 2018. Mark also drafts and manages the precedent contracts for a number of mining companies including Randgold (now Barrick).


Professional experience

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  • Solicitor, qualified in England & Wales
  • Aberdeen Road PPP project, Scotland: Leading the team acting of funders
  • Bridge Power project: Led the EPC negotiations for the funder guarantor on the Bridge Power project. This is a very complex construction arrangement that is drafted to anticipate and deal with different funder groups concerns
  • INA refinery, Croatia: Drafting and negotiation of the replacement column distillation unit (CDU) on the INA refinery in Croatia - the most critical piece of equipment in the refinery and is on a nearly two year procurement
  • Bombardier Energy to Waste, Belfast
  • JG Pears combined Heat and Power (CHP) plant, Low Marnham, Newark
  • EfW projects for a Peel led consortium, a Foresight EfW investment, the KABD EfW facility in Kuwait and provided support to our Australian team on the very recently signed deal for the Kwinana EFW deal in Perth. Mark will support our Zimbabwe office on the forthcoming EfW project for Haraare.
  • Eurasian Natural Resources Group in relation to the Metalkol project in the DRC, including advising ERG on Phase 2 for this project which reached close in June 2018
  • Aurelian Gold project, Ecuador: Led the team on the drafting and negotiation of the underground mining contract and the funder related aspects
  • Sangaredi Bauxite project, Guinea: Advised on the construction and rail agreement aspects