Ricardo Pillay

Practice Areas

Construction (Contentious and non-Contentious)

Career

Ricardo is a Director and Team Leader in the firm’s Construction Team. As the lead attorney for various mandates, he brings extensive experience representing both contractors and employers under the FIDIC Suite of Contracts. His expertise spans contracting, regulatory, and procurement advisory services.

Ricardo possesses an exceptional understanding of the risks associated with construction projects in Africa, enabling him to effectively identify, allocate, and mitigate these risks. While he excels in dispute avoidance, he is also well-versed in handling disputes when they arise. His skills are complemented by extensive experience in mediation, adjudication, and arbitration, as well as a thorough knowledge of litigious processes and procedures in Africa.

Ricardo has lectured and conducted client training sessions on the FIDIC 1999 and 2017 Contracts. He also lectures at the Nelson Mandela Institute, part of the University of Witwatersrand Law School, where he teaches a short course in Construction and Engineering Law.

His expertise with the FIDIC Suite of Contracts in the Energy, Natural Resources, and Infrastructure sectors has earned him recognition from the African Legal Awards. Additionally, he was shortlisted for the prestigious 'Partner of the Year - Southern Africa' award in 2024.

Professional Memberships

Member of the Legal Practice Council, South Africa

Clients

Key clients include Eskom, Lucara, PPC Zimbabwe, GED Africa, Nordex South Africa, Yellow Door Energy and Transnet.

Work Highlights

Advising GEDAfrica on the US$200m Kasomeno-Mwenda Toll Road Project from the DRC to Zambia (The Winner Award, FIDIC Contract User Awards 2024).

Acted as legal and transaction advisor to the newly formed National Transmission Company of South Africa (NTCSA), in relation to the legal and commercial close of South Africa's first two private utility-scale battery energy storage projects. These projects fall under Round 1 of the Energy Storage Independent Power Producers Procurement Programme (ESIPPPP). This milestone achievement marks a turning point in South Africa’s energy landscape, featuring several firsts: The first utility-scale battery storage programme of its kind in South Africa. • The first standalone, grid-scale, private sector battery projects in the country. • The first programme to deploy specialised battery storage technology on a grid scale. • The first transaction under the programme closed by NTCSA, as the Buyer under the Power Purchase Agreements (PPAs). • The first transaction of its kind signed off by the new Ministry of Electricity and Energy. With a combined capacity of 180 MW/720 MWh and a total investment of R5.3 billion, these projects will store energy during low-demand periods and release it during peak demand—offering an innovative solution to South Africa’s energy crisis.

Advice in relation to a FIDIC Silver Book, 1999 contract for a fly ash extraction storage and out-loading system in Hwange, Zimbabwe where the Employer was operating in Zimbabwe and the Contractor was a Chinese Company.

Advised a Canadian diamond mining company with producing mine and exploration licences in Botswana. Comprehensive advice included drafting and negotiating terms for the supply and installation of winders for the underground mining project, as well as a bespoke EPC contract for the comprehensive supply and installation of the bulk mine air cooling plant on a turnkey basis.

Provided regulatory and contractual advice to an IPP regarding its Solar PV facility in the North West, on the risk for splitting early works (for specific deign and procurement of long lead items) from an EPC Contract, where the contractor remains the same contractor, or if a different contractor is used. Subsequent advice included drafting the Early Works Agreement for the Solar PV facility.

Representing a client, the Employer, in arbitration proceedings related to its diamond mine in Botswana. The dispute, initiated by a Contractor, concerned a written construction agreement that incorporates the FIDIC Red Book 1999.

Provided regulatory advice to an operator of nine large-scale wind farms in South Africa, on its obligations under an EPC Contract regarding an extension of a bank bond in relation to one of its wind-farms, which advice included addressing the risk of a call on the guarantee where an extension is not forthcoming. Subsequently, we were involved in an urgent application relating to this matter.

Expert in these Jurisdictions

South Africa, Botswana, China, DRC, Mauritius, Zambia, Zimbabwe.

Awards