Timothy Baker

Timothy specialises in high-end, complex, contractual and commercial disputes. He is adept in all forms of litigation and alternative dispute resolution (ADR), including arbitration and mediation.  

Timothy has considerable experience in the construction/infrastructure/energy space. He also handles disputes and enforcement of claims in African jurisdictions, in particular where the contracts in question are subject to English law. He is experienced in all aspects of insolvency, in particular liquidations and business rescues, and insurance claims (with a focus on subrogated claims/third party recoveries).

In addition, Timothy has experience negotiating and advising on various forms of construction contracts, including NEC, GCC, JBCC and FIDIC-based EPC and O&M contracts, in particular in relation to infrastructure/energy projects. His disputes experience is invaluable in assessing and negotiating key terms and risk items relating to such projects.

Timothy is dual qualified (South African attorney; solicitor of England & Wales), and has experience in the English courts.

Timothy joined Cliffe Dekker Hofmeyr as a Director in 2017.

• Advising and representing in multiple disputes relating to two solar photovoltaic projects in South Africa, including: resisting claim under Parent Company Guarantee; settlement of a claim under a counter indemnity; settling claim by sub-contractor for payment under a guarantee; advising on project and finance documents and ancillary contracts; cross-border advice;  shareholder disputes and claims.

• Representing a leading international independent solar energy provider in a dispute with the main Contractor in relation to two solar photovoltaic projects in South Africa. Matter involved: urgent High Court applications relating to on-demand guarantees and irrevocable standby letters of credit (LC’s); attachment of LC monies in Japan; successful representation in an arbitration relating to termination (and termination notices) under the EPC (FIDIC) contracts, “recovery plans”, delay and cross-default provisions between the two projects; claims against the Contractor's parent company in Germany (under Parent Company Guarantee); cross-border insolvency advice.

• Advising the Employer on a claim for Availability Liquidated Damages (ALD's) against the Contractor under an EPC contract, relating to an Event at a Wind Farm, giving rise to a loss of multi-million Rand loss. Complex issues relating to calculation of ALD's and insurance deductible liability. The Wind Farm is one of the largest wind-farms in Southern Africa. The project cost R2.7 billion (US$199 million). At the time of its completion it was the largest wind-farm in the Western Cape.

• Representing the Main Contractor in a dispute with two of its sub-contractors relating to payment for additional works on wind projects. Complex issues relating to scope of works and contractual terms under EPC contract. The Main Contractor is a wholly-owned subsidiary of one of the largest wind power developers in the world.

• Advising an Oil Major in South Africa in regard to the Regulatory Accounting System (RAS) pricing for petroleum and representing in contractual disputes with franchisees.

• Representing a listed infrastructure company in a dispute relating to development rights under a lease agreement (energy generating facility inclusive of wind energy, solar energy, hydro-electrical energy or biomass energy facilities), objections and related Environmental Impact Assessment (EIA).

• Acting for a global logistics and international transport company in a claim against a company in business rescue relating to a project in Togo. Matter involved setting aside the business rescue plan and removal of the business recue practitioner, and advising on various contingencies.

• Acting for a major bank in recovery proceedings pursuant to a Collateral Management Finance Agreement and a Collateral Finance Agreement relating to goods in Liberia. Insurance and cross-border considerations. Agreements governed by English law.

• Representing a marine and offshore engineering company in a dispute relating to acid tanks at the Tsumeb plant in Namibia.

• Advising companies in Botswana regarding Share Sale and Purchase Agreements governed by English law.

• Acting for an Australian mining and oil & gas company in a contractual dispute relating to the Tormin mineral sands project on the West coast of South Africa – referral to oral evidence and complex contractual interpretation issues.

• Acting for a major investment bank in recovery and business rescue proceedings. Complex contractual/recovery issues involving fraud, threatened court proceedings by creditors and the overseas holding company being under administration. Matter settled and recovery made.

• Settled dispute for an international consultancy JV in a matter against the Government of Lesotho in relation to the USA Millennium Project.

• Acting for Khazakstani company in contractual dispute relating to shareholder rights, mining rights and operation in Kenya.

• Representing Insurer in subrogated third party recovery claim following fire event at the Mitchells Plain hospital.

• Representing a French sponsor/developer of two 75MW solar PV projects in the South African renewable energy procurement programme - negotiation and conclusion of EPC and O&M detailed heads of terms.

• Advising a renewable energy project developer on compliance with the provisions of the RFP, bid development and the conclusion of EPC and O&M detailed heads of terms for two 75MW solar PV projects; subsequent advice on EPC/O&M/operational issues/disputes.

• Legal 500 EMEA 2020 - 2025 recommended Timothy in construction.
• Legal 500 EMEA inaugural Arbitration Powerlist – Africa 2020.