Gary Rademeyer

Director
Norton Rose Fulbright South Africa Inc

Durban
South Africa
T:+27 31 582 5810
Durban
South Africa
T:+27 31 582 5810
Gary Rademeyer

Gary Rademeyer

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Biography

Gary is a specialist in construction and engineering law with vast experience in the negotiation and drafting of construction contracts, project agreements and advising on performance disputes and risk.   Gary also advises on the preparation, interpretation, application, and implementation of all standard form contracts and has vast experience on construction based aspects for wind, photovoltaic, concentrated solar power, hydro and co-generation projects.  His experience includes advising on procurement in India and China and large arbitrations locally and in other litigation in Africa and internationally, 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 and furniture and fittings. 

He also advises on the drafting of consultancy agreements for the appointment of all consultants (architects, electrical and mechanical engineers, project managers, quantity surveyors, and geotechnical engineers). 

Gary has oil and gas experience in dealing with fuel tanks and oil pipeline, gas to power and underground coal gasification and has been extensively involved in water reclamation projects.,

In his former position as a director of Garlicke and Bousfield Inc, Gary advised Tongaat Hulett Developments on many projects including the Point Waterfront, the Mount Edgecombe Estate and Zimbali  regarding a wide range of issues including dispute resolution.

Gary holds a B.A., LL.B qualification from the University of Natal and Diplomas in Income tax and Pension Fund law.

IFLR1000
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.
  • Diplomas in income tax and pension fund law.
  • Attorney, qualified in South Africa 1985
  • Represented owners, lenders, contractors in various renewable energy projects in terms of South Africa’s REIPP Procurement Programme from Round 1 to Round 5 including the preparation of EPC and O&M contracts, advice concerning the implementation of those contracts, advising on the insurance and guarantee requirements.
  • InovaSure gas-fired power projects and LNG projects are being developed in Richards Bay, Saldanha, and Beluluane, Mozambique.
  • Advising the submarine cable owner and operator in Sierra Leone on various issues.
  • Advising ISPs and fibre network operators in Africa, including South Africa.
  • Advising on numerous solar photovoltaic projects, including without limitation Lesedi and Letsatsi, concentrated solar power projects for Ilangalethu, and Abengoa’s CSP facilities.
  • Gauteng Infrastructure Financing Agency to develop a bio-energy eco-industrial park regarding the assessment of the status quo, understanding the market potential, producing a conceptual design with associated capital and operating costs, full financial modelling, detailed project structuring, regulatory analysis, risk assessment, and socio-economic impact assessment.
  • Appointed by iGas (a subsidiary of the Central Energy Fund Group) for the development of the hydrocarbon 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.
  • Representing the owner of a CSP plant in numerous arbitrations with the EPC and O&M Contractor regarding inputs into the Facility Power Model and various breakdowns on the plant causing energy losses.
  • Advising a project company regarding its rights under the EPC and O&M Contracts, contractual obligations, conducting the arbitrations including the appointment of international CSP experts.
  • Representing a project company and shareholders of a concentrated solar power plant in an English law arbitration in accordance with the rules of Arbitration of the International Chamber of Commerce against a consortium of Spanish EPC contractors regarding claims and counterclaims for performance bonus, performance liquidated damages and damages for various defects.
  • Representing owner in preparation of complex on-shore and off-shore EPC Contract special conditions in respect of the FIDIC White book for the mining of sulphate of potash in Eritrea. Advising on subsidiary guarantees and in associated negotiations with EPC Contractor.
  • Advised a civil engineering company concerning the raising of the Hazelmere Dam wall, which project involved the GCC2010 Engineering Contract.
  • Represented Group Five and Intertoll concerning the upgrading and operation and maintenance of toll roads in India.
  • Moses Mabidha soccer stadium on behalf of the Group Five/WBHO Joint Venture- deviations and addendum to the principal building contract, review application and roofing subcontract.
  • King Shaka International Airport on behalf of the Illembe EPC Joint Venture and ACSA-  drafting and negotiating of the joint venture agreement, advice on the EPC contract and review application.
  • Shell & BP South African Petroleum Refineries (Pty) Ltd - prepared the contract documentation for cleaner fuels  and legal representation in the SRU4 project.

2015 to 2024 - Gary is consistently recognized in the top tier for Construction, Projects and Energy, Litigation and Project Development by Legal 500, Chambers & Partners, Best Lawyers and IFLR1000 for the high feedback received from his clients and peers.

  • The 2024  Edition of The Best Lawyers in South Africa states that Gary has been recognised “for high calibre work in Construction Law”.
  • Legal 500 -2020 stated that “Gary Rademeyer has a wealth of expertise in both transactional and disputes construction work.  He has significant experience in construction contract negotiation and drafting”.
  • 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. 
  • Financial Institutions Legal Snapshot - Construction contract requirements under Coal Baseload IPP Procurement Programme.
  • 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.

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Construction Law Insights

Publication | 2022