Commercial Consulting

For the past 20 years MDA Consulting have provided commercial support to our clients including the promotion or defense of claims, contract drafting, risk reviews, specialised training and expert witness services, in numerous disputes throughout Africa.

MDA have developed many bespoke contract documents including:

  • A turnkey contract for an aquarium in Istanbul;
  • An urban restructuring project in Port Harcourt in Nigeria;
  • An EPCM contract for the construction of a Nickel Mine;
  • A furnace rebuild project in Richards Bay; and
  • A Build Design Operate Contract for a Bio Mass plant in Cape Town.

MDA have specialised in acceleration and disruption claims, in a variety of sectors, and have promoted and drafted claims in various types of contracts for construction including:

  • Heavy civil engineering construction;
  • Bulk earthworks contracts including opencast mining;
  • Underground construction and tunnelling contracts;
  • Infrastructure projects including road, rail construction and pipeline contracts;
  • Petrochemical and paper manufacture plants;
  • Water and sewage treatment processing plants;
  • Power station and related energy plant contracts; and
  • Engineering and structural steel construction works.

Defence/Promotion of claims

MDA Consulting have assisted with the presentation of adjudication submissions including the following:

  • Highway Bridge Construction
  • Export Terminal in Djibouti
  • Substation construction in Namibia
  • Aqueduct construction in South Africa
  • Drainage Contracts
  • Factory Expansion projects
  • Power Line Contract in Kenya
  • Airport resurfacing contracts
  • Road Contracts in Botswana
  • Coal Fired Power Stations upgrades
  • Coal Fired Power Station Construction
  • Mall Construction Contracts in SA
  • Construction of Hospitals
  • Coal Mining Contract in the DRC
  • Coal Transportation Contracts
  • Petrochemical Plant Contracts
  • Smelter Projects in Maputo and S.A
  • Export Terminal Upgrades
  • Bulk Earthworks Contracts
  • Dam Construction Projects
  • Nickel Mine in South Africa
  • Gold Mine project in Mali
  • Diamond Mine Contract in Botswana
  • Hospital Upgrade Projects
  • Gold Mines in Ghana and the DRC
  • Water Pipeline Construction
  • Housing developments in Swaziland
  • National Road Improvement Contracts
  • Regional Road Upgrade Contracts
  • Tunnel Construction Projects
  • Rail Rehabilitation and Platelaying
  • Railway Construction projects
  • Port Upgrades
  • Waste Water Pipeline Contracts

Dispute Management

MDA Consulting team members have presided as adjudicators over contract disputes including:

  • Court appointed adjudicator housing development (NEC2 2006)
  • Ad-hoc Adjudicator – Bridge contract (GCC 2015)
  • Wastewater Treatment works (GCC 2010)
  • Rail Concession Contract – (JBCC 2014)
  • Road Contract in Nigeria (FIDIC)
  • Construction Contracts in Zimbabwe
  • Power Station Coal Material Handling Optimisation (NEC)
  • 2 Power Station Electrical Installation Contracts (NEC)

Ad-Hoc appointments

  • Petrochemical Plant South Africa – contracts for the refurbishment of a wax plant (NEC).
  • Nuclear Power Station upgrades (NEC ECC)
  • Waterworks contract (GCC 2010)
  • Dam Waterworks contracts (GCC 2010) Building Contract – Quality Issues (JBCC)
  • Building Contract – Hotel alterations and refurbishment (JBCC)
  • Pump station contract (GCC 2010)
  • Material supply contract (GCC 2010)
  • Dredging Contract (NEC)
  • Services Contracts (NEC3 TSC)
  • Power Station water treatment plant (FIDIC 1999)

DAB Appointments

  • Testing station (NEC) two contracts, DAB Panel Member
  • Dam Construction Contracts (GCC 2010 Standing Adjudicator)
  • Rail Electrification Project (Bespoke Contract – DAB member)
  • National Route Upgrade Projects (FIDIC – Standing DAB Member)
  • Water Project Pemba Mozambique mem. 3 man DB
  • Road upgrades NW province – DAB member (GCC)
  • 2 Water Distribution Projects Angola – 1 man DAB
  • Interchange road contract in Swaziland (GCC) 1 man DB

MDA team members have presided as mediators over the following contract disputes:

  • Civil Works Contracts
  • River Bridge Upgrade Contracts
  • National Route Upgrades
  • Bridge Construction Contracts
  • Water development projects
  • Power Station Upgrade Projects

MDA team members have been appointed and have served as an expert witness in the following disputes:

  • Blasting & Excavating Project
  • Water Projects
  • Airport Upgrade Project
  • Housing development Project
  • Port Upgrade Project