Drafting of exclusivity and non disclosure agreements between Italian solar panel manufacturer and South Africa company in relation to a joint venture manufacturing plant in South Africa.
Due diligence of biomass site development as to feedstock delivery by road, sea and rail; land use requirements and reinstructions and advising on appropriate forms of professional appointments and construction contracts.
Advising on largest waste management PFI deal in UK for implementation of a £750m joint venture scheme, in relation to appointment of engineer and project manager as well as the turnkey contractor, including negotiations of take-over and acceptance procedures. engineer's appointment on amended form ACE with project specific obligations to cover obligation to funders and to jv; negotiations between turnkey contractor and their Italian specialist process provider which also required a bespoke contract as the supplier owned and retained all IP in the process and was at that stage untested- implementation of acceptance procedure as between these parties and then negotiation with the funders and the local authorities as to what would constitute a working process, in relation to throughput and collection as well as building and commissioning times
Advising and drafting of Engineering Procurement and Construction contracts for on-shore wind farms. Based on FIDIC silver book but amended to reflect the altered negotiating position of the parties in wind farm projects; additional provisions for testing and take over and the negotiation of liquidated damages for delay, availability and performance; termination provisions also enhanced; operation and maintenance services agreements (oms) for the project; replicate the EPC and OMS; there were also direct contractor agreements.
Acting on behalf of wind farm developer in icc arbitration in relation to claim by turnkey contractor to recover £4.5m withheld in relation to delay damages and failure to achieve availability warranties- disputed by contractor on grounds that design changes by developer caused delay and the availability was subject to change; following the bespoke drp procedure the parties agreed on appointment of arbitration panel- 2 engineers and counsel; preliminary meeting and pleadings- then mediation and numerous informal and formal meetings- settlement achieved at £2m.
Advising and drafting consultant's appointments, liability issues and project heads of terms and subsequently advising on consequential issues relating to selection and appointment of contractor for £60m waste to energy plant. Italian company but without a pre-agreed process provider. The process provider was to be retained by turnkey contractor and required negotiations with the contractor, drafting of engineer’s appointment on amended form of ACE together with separate element to cover intended review of process proposals outside of project agreement;
International arbitration concerning loss and expense and contract delay claims for a harsh environment jack-up rig, claim valued at approximately $80m. Involved in review of initial advice from consultants re delay and disruption elements and instruction of counsel. Involvement in the establishment of the regime for review of documentation and preparation of further expert evidence and witness statements prior to team being sent to Korea.
Acting for a variety of clients to undertake complete review of their project contracts and procedures which has included advice and drafting in relation to MF/I; IChemE Red, Green, Yellow and Brown books; FIDIC Silver book; Minor Works contract; JCT98 WCD; as well as a number of bespoke EPC contracts.
Drafting and negotiation of engineering procurement and construction contracts and build operate and transfer contracts for client with Ghanian government relating to construction of oil pipeline from offshore to onshore depot and supply agreement relating to oil storage farm. This also involved the subsequent drafting and negotiation of the subcontract for the turnkey construction works and ongoing maintenance agreement with a Greek contractor- contract value $15m.
Non contentious engineering advice and drafting - EPC and OMS contracts; ICC arbitration on delay claim by turnkey contractor.
Oil and Gas - non contentious- drafting of EPC for cracker plant in Hull
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