Joe Whittle

Joe Whittle

Director

Joe Whittle is a Director in our Dispute Resolution practice and a member of our Construction and Engineering sector. Joe specialises in construction dispute litigation, mediation and arbitration and has experience in FIDIC, NEC 3, JBCC Series 2000, GCC and other forms of construction and engineering contracts, both in representing parties to disputes involving such contracts and in the negotiation of the terms thereof. Joe also has a wide range of experience in general commercial litigation, litigation pertaining to medical aid schemes and insolvencies

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Joe completed his articles at a Durban law firm and became a Director of the firm in 1986. In 1996 he moved to the Cape and practised as a Director of another law firm before joining Hofmeyr (now Cliffe Dekker Hofmeyr) as a Director in 1999.

Joe has been involved in numerous litigious matters involving High Court proceedings, mediations, adjudications and arbitrations in construction and engineering disputes, as well as in various commercial litigation matters, liquidations and sequestrations and proceedings involving medical aid schemes.

Construction Law

  • Representing a party to a joint venture involved in an EPCM services contract relating to the construction of a uranium processing plant in Namibia.
  • Representing the developer and landlord of a hospital in KwaZulu Natal in a dispute with its tenant regarding the condition of the operating theatres and assisting the client with the settlement of a claim against the mechanical engineers relating to defective design.
  • Representing the owners of a shopping centre upgrade project in disputes with its contractor, the termination of the relevant contracts and the successful calling up of the construction guarantees.
  • Representing the developer of a renewable energy project under the Department of Energy's REIPPP Programme in High Court and arbitration proceedings.
  • Representing a state-owned entity in multiple adjudications, arbitrations and High Court proceedings under the NEC 3 form of contract relating to a pipeline project joining KwaZulu Natal and Gauteng provinces for the supply of liquid fuel products.
  • Representing the owner and lenders regarding claims made under a bespoke EPC contract based on the FIDIC Yellow Book relating to the construction of a gas fired power station being constructed in Mozambique.
  • Representing the infrastructure development arm of a major local municipality in dispute adjudication proceedings relating to disputes under several JBCC Series 2000 principal building agreements.
  • Representing a state-owned entity in an adjudication relating to disputes under a JBCC Series 2000 principal building agreement.
  • Representing a state-owned entity in dispute adjudication proceedings under the NEC 3 form of contract relating to the widening and deepening of the Durban Harbour entrance.
  • Representing a state-owned entity in dispute adjudication and arbitration proceedings under the E5 form of contract relating to the construction of a harbour at the Port of Coega, Eastern Cape.
  • Representing a Chinese construction and engineering company in a dispute adjudication under the FIDIC Yellow Book form of contract relating to the construction of a university in Botswana.
  • Drafting and negotiating the terms of a construction contract for the establishment of a television manufacturing plant in South Africa by a South Korean company.
  • Involvement in the due diligence process relating to a group of construction and engineering companies.
  • Representing a property development company in High Court proceedings involving a claim for damages arising from the repudiation of a turnkey construction project relating to the development of a commercial office building.
  • Representing a property development company in various High Court and arbitration proceedings in disputes under the JBCC Series 2000 form of contract relating to various residential apartment developments in Gauteng.
  • Representing a property development company in a dispute under the JBCC Series 2000 form of contract relating to the extension of a shopping centre in the Western Cape.
  • Representing a property development company in High Court proceedings under the JBCC Series 2000 form of contract relating to a shopping centre on the Kwazulu Natal South Coast.

General

  • Advised the Curators of the Fidentia Group (under curatorship) in various legal proceedings for the recovery of misappropriated funds.
  • Advised the Curators of Medicover Medical Aid Scheme (under curatorship) in claims against various insurers and former management companies for the recovery of funds.
  • Advised a development corporation in various litigious matters including the urgent winding up of several companies in a hospital group.
  • Represented a jewellery company in the enquiry into the affairs of Retail Apparel Group (in liquidation) (RAG).
  • Represented an airline company in urgent proceedings brought against it relating to its newly issued credit card.
  • Represented a banking institution in legal proceedings brought against it by former employees for the recovery of various claims.
  • Chambers Global 2016-2019 ranked Joe in Band 4 in Construction. 
  • The Legal 500 EMEA 2017-2019 recommended Joe for construction.
  • Best Lawyers International 2019 listed him for construction law.

Education

  • BCom LLB, University of KwaZulu-Natal
  • Year of admission as an attorney: 1985
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