- Publications & Insights
Lize-Meré Ludick is a partner in our Johannesburg office and leads the Construction Team.
She has an LLB from the North-West University where she was a member of the Golden Key Honour Society. Lize-Meré was admitted as an attorney of the High Court of South Africa in 2011 and has been focusing on construction and engineering law since then.
Lize-Meré is also a qualified mediator and an Associate of the Association of Arbitrators. She further holds memberships with the International Chamber of Commerce’s Young Arbitrator & ADR Forum, the Society for Construction Law, the Construction Adjudication Association of South Africa, the Chartered Institute of Arbitrators, and the International Bar Association.
She is ranked as Up and Coming in Chambers & Partners Global Guide 2023, Construction – South Africa.
Associations and Training:
- Lize-Meré is an Associate of the Association of Arbitrators.
- She holds memberships with the International Chamber of Commerce’s Young Arbitrator & ADR Forum, the Society for Construction Law, the Construction Adjudication Association of South Africa, the Chartered Institute of Arbitrators, and the International Bar Association.
- She is a drafter and presenter for the Law Society of South Africa / Legal Education and Development in an online course in Construction and Engineering Law.
- Lize-Meré regularly provides training to prospective adjudicators as part of courses presented by the Royal Institute of Chartered Surveyors and Construction Adjudication Association of South Africa.
- She is also an examiner of the Competency Based Examinations for attorneys of the Legal Practice Council.
Lize-Meré leads a team of specialist lawyers in construction and infrastructure projects and has represented some of the major role players in the mining, construction, energy, engineering and infrastructure industries. Her practice focuses on multinational clients as employers, owners, contractors and sub-contractors of, mostly, large-scale energy and infrastructure projects across Southern Africa. She also acts for state-owned entities and professional teams, both in the public and private sectors. Lize-Meré’s team has expertise in corporate/commercial and contentious construction matters related to standard form construction contracts such as NEC, FIDIC, GCC and JBCC as well as EPC, O&M and PPA and bespoke construction contracts. Her focus is on dispute avoidance and dispute resolution strategies, which includes contract management, claims management and dealing with complex issues of contract interpretation, claims for delay and disruption, claims for defective works and the like. In recent years Lize-Meré has been advising, particularly, on renewable energy projects such as Solar PV Plants, Wind Farms, Hydroelectric power projects and the South Africa government’s Renewable Energy Independent Power Producer Programme (REIPPP).
Lize-Meré is particularly knowledgeable on disputes resulting from on-demand guarantees and have assisted various clients in calling for payment under on-demand guarantees as well as instituting or defending interdict applications against calls for payment under on-demand guarantees.
Lize-Meré has experience in professional liability, product liability and other insurance related disputes and has acted for numerous insurers in this regard. She has further gained experience in administrative-, public- and regulatory law matters. She also has experience in advising owners, builders and professional teams on residential building and commercial development project and disputes.
Her experience includes the following notable matters:
- Advising Babcock Ntuthuko Engineering on large-scale disputes with an electricity public utility related to tenders for boiler maintenance services on coal-fired power stations as well as resolution of disputes related to early termination of an NEC3 Term Services Agreement.
- Advising Siemens Mobility on a dispute related to termination with a sub-contractor on a flagship railway project in Gauteng.
- Advising Siemens South Africa from time to time in regards commercial matters and disputes.
- Advising Caledonia Corporation plc in regards claims and disputes with an international EPC Contractor on a solar power plant project in Zimbabwe, including defending injunction proceedings instituted in France in relation to a performance bond.
- Advised Eskom Holdings SOC Ltd in defending numerous claims made by a contractor under an NEC3 contract on the Ingula Pumped Storage Scheme power project in South Africa.
- Advising Atlantica Sustainable Infrastructure in regards disputes with their EPC Contractor on a solar power plant project in the Northern Cape, including advising on defects and performance bond issues.
- Advising Palabora Mining Company on disputes, contract management and claims management, as well as ancillary project advice such as drafting and negotiation of the novel NEC4 Alliance Contracts in South Africa.
- Advising Renewable Energy Investments on O&M contract and disputes related to contract interpretation of benchmarking provisions related for a solar plant project as part of the REIPPPP.
- Advising Scatec Solar Construction on the terms of EPC and O&M contracts for a solar power project as part of the REIPPPP.
- Advising on the project documents for the expansion of the Cahora Bassa Hydroelectric Complex in Mozambique.
- Advised Eskom Holdings SOC Ltd under the FIDIC Yellow Book in defending numerous claims made by various contractors on the Medupi and Kusile Power Projects.
- Assisting Thales South Africa Systems (Pty) Ltd in alternative dispute resolution processes to claim against its employer for delays incurred on a large railway signaling project in the Western Cape, including providing strategic advice in dispute avoidance.
- Advised Sasol Chemical Industries Ltd in successfully defending a multi-million Rand claim by its contractor for alleged delay and disruption on the Fisher Tropsch Wax Expansion Project as contracted under the NEC3.
- Assisting ELB Engineering Services (Pty) Ltd in successfully claiming against its employer in relation to process design works done on the Sishen and Kolomela Iron Ore mines through alternative dispute resolution.
- Assisting ELB Engineering Services (Pty) Ltd in defending claims from its subcontractor, in arbitration proceedings, related to works done on the Gamsberg Zinc Concentrator Project under the FIDIC Red Book.
- Assisting TMMSA (Pty) Ltd (previously known as Tenova Mining and Minerals South Africa) in making claims against its employer on a major infrastructure project (Wemmershoek Waste Water Treatment Plant), including defending its performance bond, through adjudication, arbitration and High Court processes under the FIDIC Yellow Book.
- Assisting TMMSA in making claims against a main contractor under the NEC3 in relation to certain design works on the upgrading of an existing railway yard and coal offloading facility at Majuba Power Station.
- Advised Airports Company of South Africa SOC Ltd in a claim against its contractor and professional engineer relating to defective design / workmanship on a project for an additional bulk fuel storage facility at the O R Tambo Airport.
- Assisted Nestle (South Africa) (Pty) Ltd in defending a claim from its contractor, and ultimately facilitating settlement thereof, in relation to alleged delay and disruption on the construction of an Egron Building at the existing Nestle facility in Estcourt; the contract was based on the JBCC Principal Building Agreement.
- Assisted Mobile Telephone Networks (Pty) Ltd, Neotel (Pty) Ltd and Vodacom (Pty) Ltd in instituting dispute resolution process and successfully negotiating a settlement with its contractor to a claim for an extension of time and additional compensation in relation to the installation of a National Long Distance Fibre Optic Network between Johannesburg and Durban.
- Assisting American company PIC Group Inc in making and successfully settling a claim against its main contractor in relation to professional and consultancy services provided on the Kpone Power Plant in Ghana; the matter was dealt with in arbitration under a FIDIC Green Book.
- Advising Lanxess (Pty) Ltd on various contracts with suppliers and service providers.
- She is ranked as Up and Coming in Chambers & Partners Global Guide 2023, Construction – South Africa.
Publications & Insights
- South Africa: The risks of paying construction subcontractors directly
- South Africa: Possible changes in how courts approach interdict proceedings over construction performance guarantees
- COVID-19: The Impact of a prolonged lockdown under FIDIC contracts – be wary of 18 June 2020
- South Africa: Long-held legal position on construction performance bonds may not be cast in stone