Tinyiko Ndlovu

• Represented an Italian joint venture in ICC arbitration proceedings related to a large-scale construction project in Botswana. The dispute concerned claims for adjustments to the contract price and additional payment valued at USD57m as well as extensions of time to completion. The works were undertaken in terms of a revised FIDIC Red Book, 1999 contract. *
• Represented a Japanese engineering company in a DAB proceedings against a subcontractor for the repayment of certain costs erroneously reimbursed to the subcontractor. The works were subject to two separate and revised FIDIC Yellow Book, 1999 contracts and the claims entailed, amongst other things, consideration on the proper implementation of sub-clause 14.3 and 14.6 of the General Conditions of Contract and the principle of prescription (limitation). The total value of the claim was USD21m. *
• Represented an Italian engineering company (as the Contractor) in various DAB proceedings against a South African state-owned entity (as the Employer). The client was appointed to construct materials handling works for a coal power station. The disputes entailed claims for extension of time to completion, the recovery of delay and disruption costs as well adjustments to the contract price valued at USD34m. The works have been executed in terms of three separate and revised FIDIC Yellow Book, 1999 contracts.*
• Represented a multinational renewable energy company (as a seller) in a dispute with a South African state-owned company (as a buyer) for extensions of time and costs valued at USD30m. The dispute concerned the construction of a 140 MW windfarm in the Northern Cape, South Africa (undertaken in terms of the South African Government's Renewable Energy Independent Power Producer Procurement Programme (REIPPPP)). The works were governed by a bespoke Power Purchase Agreement together with underlying Distribution and Transmission Agreements. *

*Denotes experience prior to joining DLA Piper