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Practice Experience

Michelle has effectively represented employers, contractors and sub-contractors in various dispute resolution proceedings, many of whom utilise her services regularly. Years of experience have given her an understanding of the practicalities and nuances required to navigate these proceedings with success.

Michelle was admitted as an attorney in 2008 and joined MDA Consulting in January 2012. During her time at MDA, she studied towards and was awarded an MSc in Construction Law and Dispute Resolution. Michelle has extensive experience with the GCC, NEC, JBCC and FIDIC and has provided training for the Programme of Construction Adjudication at the University of Pretoria on both adjudication submission drafting, and adjudication award writing. Her practice is focused on construction claims management, adjudication and arbitration. Michelle’s skills include:

  • Advice and legal opinions to clients in respect of construction and engineering claims
  • Claim formulation, claim motivation and defence/rebuttal of claims
  • Representing clients throughout the adjudication process including appointment of the adjudicator, drafting of the requisite dispute notices and adjudication submissions
  • Representing clients throughout the arbitration process including appointment of the arbitrator, counsel and experts, drafting of the requisite dispute notices and submissions (for settling by counsel)

Education

LLB (Bachelor of Laws), University of KwaZulu-Natal, 2006
LLM (Master of Laws) in Medical Law, University of KwaZulu-Natal, 2008
Programme in Construction Adjudication, University of Pretoria, 2013
MSc (Master of Science) in Construction Law and Dispute Resolution, King’s College London, 2017

Memberships / Positions

Admission as an Attorney of the High Court of South Africa, 2008
Member of the Construction Adjudication Association of South Africa

Michelle-Kerr