Odette Potgieter
Director, MDA Attorneys
Practice Experience
Odette Potgieter is an admitted attorney and a director at MDA Attorneys. Odette has considerable experience and knowledge in all aspects of construction and contract law.
Odette has for the past 10 years provided onsite commercial support and provided on going value to contractors and subcontractors to ensure compliance with contractual provisions and to effectively manage the commercial challenges Odette’s experience covers a broad spectrum of construction and contract law including:
- Preparation of claim notice templates, compensation event notice templates, presenting project kick off workshop to project teams
- Commercial support including general site administration and claims management from inception to close out of contract (including claim formulation, claim motivation and defence / rebuttal of claims, management of claims and negotiation and resolution of claims)
- Preparing contractual correspondence; ad-hoc opinion and advice to clients and development of commercial strategies on issues arising during project execution
- Conducting due diligence on contracts
- Commercial risk analysis of conditions of contract proposed by employers in RFQ/tender documentation, understanding clients’ risk appetite and providing recommendations on qualifications
- Drafting of contracts, which specifically includes the drafting of particular conditions to standard form contracts (JBCC, NEC, FIDIC and the GCC), subcontracts, services agreements and framework (partnering) agreements relating specifically to the construction and engineering industries
- Contract negotiation
- Drafting and providing advice in respect of various forms of security, including parent company guarantees and performance bonds
- Training on various standard form and in-house contracts
- All aspects of dispute management and resolution which includes Mediation/ Conciliation/ Adjudication/ Arbitration (domestic and international arbitrations)/ Litigation
- Administration of dispute board processes including attendance at dispute board meetings
- High Court applications for the review of tenders and contract awards
Education
LLB (Bachelor of Laws), University of Johannesburg, 2009
Admission as an Attorney of the High Court of South Africa, 2011
Programme in Construction Adjudication, University of Pretoria, 2014
Memberships / Positions
Admitted Attorney
Member of the Law Society of the Northern Provinces