Danika Balusik

Danika Balusik

Senior Associate

Danika Balusik is a Senior Associate in our Dispute Resolution practice. She focuses on litigation, and construction and engineering law. She deals with construction adjudications, arbitrations and construction insurance. 

​Danika, as part of a greater team, has experience in multi-million rand arbitrations and adjudications under the NEC suite of contracts as well as the FIDIC red and yellow books, for disputes within Southern Africa. 

She has experience in drafting and preparing particular conditions of contract for the FIDIC red, yellow and white books, NEC suite of contracts, JBCC and bespoke construction contracts.

t +27 (0)11 562 1923 f +27 (0)11 562 1111

Non-contentious experience 

  • Drafting and preparing particular conditions of contract for the FIDIC red, yellow and white books, NEC suite of contracts, JBCC and bespoke construction contracts.
  • Advising client, drafting and preparing a template of particular conditions of contract for FIDIC White Book in relation to EPCM mining services.
  • Preparing particular conditions of contract for a remeasurable FIDIC Red Book in relation to mining and engineering works to open up certain mining blocks for mining and ventilation purposes.
  • Advising client in relation to two derailments which occurred on a national railway line, whether such derailments constituted a force majeure event under the contract and whether such event established a demurrage claim for the client.
  • Advising a Russian client on the enforceability of an arbitration award in South Africa in excess of € 15 million which award was made in the Republic of Seychelles.
  • Advising and preparing JBCC conditions of contract and concluding various PROCSA agreements in respect of a residence in excess of R 250 million.
  • Drafting and preparing reviews of various policy wordings and engaging in settlement discussions of smaller subrogated insurance claims.

Contentious experience 

  • Representing engineering consultants in an ad-hoc arbitration instituted by an airline company in connection with an aircraft accident which occurred on George Airport runway, the claim being in excess of US$ 6 million.
  • Representing a joint venture in an ad-hoc arbitration in connection with the rehabilitation of the Bakwena Platinum Toll Highway in excess of R 250 million.
  • Litigation and arbitration in connection with the main underground civil works for a pumped storage scheme in South Africa, the NEC3 Engineering Construction Contract, Option B and the Association of Arbitrators rules (Southern Africa) being applicable. Upon completion, the project was valued at R 25 billion / US$ 3.5 billion.
  • Insurance litigation commenced by a contractor against our client in the Supreme Court of Victoria, Melbourne, Australia. The claim related to indemnification under various Professional Indemnity Policies in excess of US$ 70 million in connection with the Queensland Curtis Liquefied Natural Gas Pipeline and the laws of Australia being applicable.
  • Representing engineers and contracts managers in a Section 32 Department of Labour inquiry in connection with the Grayston Pedestrian Bridge collapse which occurred on 14 October 2015 in Sandton, Johannesburg.
  • Representing a non-profit organisation in a UNCITRAL arbitration against a Botswana contractor in connection with a water treatment sewage project in the Plumtree District, Zimbabwe to the value of US$ 1.3million, and the laws of Zimbabwe being applicable.
  • A multi-million rand adjudication at Kusile Power Station.

Education 

  • 2013 LLB (cum laude) - University of Pretoria
  • Yeaf of admissison: 2016