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Nomthandazo Sihlalo is an Associate in our Dispute Resolution Department and is a member of the Construction Practice.
Nomthandazo specialises in construction and engineering law with a specific focus on consruction law as well as construction litigation matters arising out of or related to the execution of construction contracts and/or construction works.
Nomthandazo has an LLB from the University of Johannesburg.
Nomthandazo has 2 years post admission experience.
Nomthandazo has acted for Employers and Contractors on disputes arising out of a variety of standard form contracts, including:
- FIDIC Red Book;
- FIDIC Yellow Book;
- NEC 4 Alliance Contract;
- The JBCC Principal Building Agreement; and
- Various Bespoke Contracts.
Nomthandazo’s recent experience includes advising:
- Eskom Holdings SOC Limited in defending numerous claims before a Dispute Adjudication Board. The claims were instituted by one of the major contractors on the Kusile and Medupi Power Projects. Nomthandazo’s role on this matter included conducting legal research, drafting of the pleadings and preparing for the Dispute Adjudication Board hearing.
- A lead contractor on the Gamzberg Zinc Concentrator Project in relation to managing and preventing proceedings instituted by various sub-contractors on the Gamzberg Zinc Concentrator Project against the lead contractor from proceeding to court by enforcing the settlement agreement between the lead contractor and the sub-contractors on the Gamsberg Zinc Concentrator Project. Nomthandazo’s role in this matter comprised of drafting letters to the various sub-contractors regarding the client’s position relating to the settlement agreement and attending to the removal of the legal proceedings instituted from the court roll.
- A lead contractor in defending claims before an Arbitrator instituted against it by a sub-contractor on the Gamzberg Zinc Concentrator Project and instituting counterclaims against that sub-contractor. Nomthandazo’s role on this matter included conducting legal research, assisting counsel with drafting of the pleadings and assisting counsel with prepping of witnesses for the arbitration hearing.
- A lead contractor on the Gamzberg Zinc Concentrator Project in relation to proceedings instituted against it in the High Court for payments due. Nomthandazo’s role on this matter comprised finalizing the pleading documents, attending to filling of pleadings in court, collating evidence and assisting counsel in the drafting of the pleadings.
- An international insurance company on the applicable law for defending a call on guarantees in South Africa and the prospects of success in opposing a call on guarantees in a South African court. Nomthandazo’s role on this matter comprised conducting legal research and drafting the legal opinion.
- An international insurance company on the legal process for claiming payment from an insured party where there has been a call on a guarantee issued by it. Nomthandazo’s role on this matter comprised conducting legal research and drafting the legal opinion.
- A large manufacturing company with drafting of the PROCSA terms of agreement for various service providers for the refurbishment and renovation of its manufacturing plant. Nomthandazo’s role on this matter comprised reviewing the PROCSA terms of agreement. Managing and administering the execution of the agreements.
- A large mining company on the contractual provisions and prospects of terminating the services of an alliance partner on a project. Advising and acting for the mining company in a dispute that arose between the mining company and an alliance partner pursuant to the termination of the alliance partner’s services in the project. Nomthandazo’s role on this matter included conducting legal research, reviewing the contract documents, drafting legal opinion and drafting written submissions to the independent expert.
- An Italian engineering company in an arbitration, opposing claims instituted against it by a sub-contractor on a La Farge project and instituting counterclaims. Nomthandazo’s role on this matter comprised conducting legal research and drafting of pleadings.