Gareth Howard

AREAS OF EXPERTISE

Construction and Infrastructure; Dispute Resolution (Litigation, Arbitration, Adjudication and Mediation); and Renewable Energy.

AWARDS

• Rising Star in Dispute Resolution, Legal 500 Europe, Middle East and Africa, 2020 and 2021.

QUALIFICATIONS

• Master of Laws – University of Edinburgh Law School
• Certificate in Climate-Related Disclosures – Task Force on Climate-related Financial Disclosures
• Postgraduate Certificate in Prospecting and Mining Law – University of the Witwatersrand
• Postgraduate Certificate in Advanced Administrative Law – University of the Witwatersrand
• Bachelor of Law – University of Cape Town
• Attorney and Notary Public of the High Court of South Africa
• Admitted to practice in South Africa – Not admitted in Australia

SELECTED REPRESENTATIONS

• Acted for ARAvest (previously ESR Group and ARA Group) in respect of the defence and resolution of a circa $10million delay damages and variation claims arising from a design and construct contract for a high-rise commercial development in the Sydney CBD. Assisting with providing ongoing advice and legal representation in respect of a broad array of issues arising from the largest existing-site commercial lease deal in Australia since the COVID-19 pandemic.
• Successfully represented a high-end hydraulic power unit supplier in adjudication proceedings under applicable security of payment legislation for non-payment of construction-related works in respect of Western Australia’s first-ever Hydrogen Refuelling Station.
• Assisted with acting for Deloitte Turnaround & Restructuring partners as external legal advisors in respect of the Lloyd Group Pty Ltd’s entry into voluntary administration and subsequent liquidation, involving advising on rights to securities in respect of over 60 live construction projects situated across various States in Australia, negotiating the assignment of some of those projects, dealing with claims with subcontractors and principles, and managing the exit of employees.
• Drafting, negotiating, reviewing and advising on complete suites of bespoke construction-related agreements (several design and construct contracts, construct-only contracts for major and minor workstreams, engineering, procurement and construction contracts, operation and maintenance contracts, consultancy agreements, and services agreements) for principals and head contractors.
• Assisted with advising the Foreign Ministry of the Democratic Socialist Republic of Sri Lanka on the justification for a nationwide transition to net-zero greenhouse gas emissions, the potential liquid finance benefits associated with a ‘Just Transition’ to a low-carbon economy, the unbundling and refinancing of State-owned utilities and the utilisation of international climate financing mechanisms.
• Defended arbitration proceedings instituted against a major Johannesburg Stock Exchange-listed real estate fund valued at circa ZAR70million arising from the alleged repudiation of a Joint Building Contracts Committee (JBCC) construction contract governing an inner-city redevelopment project and associated development of over 1,220 residential units.
• Successfully pursued a damages claim against a specialist fenestration manufacturer and glazing contractor arising from the supply of defective glazing and delays in construction works at a luxury multi-million Rand development.
• Assisted Sasol Mining (Pty) Ltd in defending a first-of-its-kind High Court group action test case (quantum valued at circa ZAR100million) forming the basis for a potential future class action against the entire South African coal mining industry for causing occupation-related lung diseases.
• Represented a subsidiary of ABSA Group Ltd in pursuing a damages claim arising from the inadequate rehabilitation of opencast mining pits associated with historic coal processing operations previously conducted over several properties earmarked for the development of the Mpumalanga Province, South Africa’s first-ever multi-billion Rand Integrated Housing Development Project offering subsidised low-cost housing (declared a National Priority Project).
• Advised an international cement and construction materials manufacturer on product liability and health and safety-related issues arising from owning asbestos-contaminated landfill sites.