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Practice Experience

Barry’s extensive knowledge and strategic approach on all construction related commercial risks, disputes and litigation matters has resulted in his reputation as a trusted advisor to contractors, sub-contractors and professional consultants. Barry’s understanding of the practicalities and subtleties needed to navigate commercial and legal issues have contributed to the solid long-term relationships he has built with clients in overcoming their project, commercial and dispute related challenges.

Barry was admitted as an attorney in 2012 and joined MDA Attorneys in June 2013. He has extensive specialist skills in relation to analysing commercial risks and dealing with disputes in the construction, mining, oil and gas, and renewable industries. These specialist skills include:

  • Advice to clients on claim management and preparation of claim documents for submission. Further, on-site assistance to ensure compliance with the general day-to-day administrative and contractual obligations of the client.
  • Risk analysis relating to conditions of contract proposed by employers during tendering stages.
  • Drafting contracts, particular conditions of contract, JBCC, FIDIC, NEC, subcontracts, and various other documentation relating specifically to the construction and engineering industries.
  • Drafting adjudication submissions and follow-through to arbitration and litigation.
  • Representing clients throughout the arbitration and litigation processes (including the drafting of submission papers, pleadings, notices, appointment notices to arbitrators and brief to counsel etc.)
  • Assisting clients with legal opinions and preparation of advice notes analysing chances of success on matters.
  • Researching and drafting industry related articles and case notes.

Education

LLB (Bachelor of Laws), University of the Free State, 2009
Admission as an Attorney of the High Court of South Africa, 2012

Memberships / Positions

Admission as an Attorney of the High Court of South Africa, 2012
Member of the Law Society of the Northern Provinces
Member of the Construction Adjudication Association of South Africa

Barry Herholdt