Mulopa Ndalameta

Country Representative, Zambia

Mulopa is admitted as an advocate in Zambia and is a partner at Musa Dudhia and Co, a top law firm with a pan African footprint.  He shares a common vision with other colleagues on the continent and across various jurisdictions of projecting the construction industry and jurisprudence of Africa to the world. Mulopa has extensive experience in resolution of high value commercial disputes before superior courts of record in Zambia, arbitral tribunals, mediators and through use of alternative forms of dispute resolution.

Mulopa has represented the Contractor in some instances, and the Employer in other scenarios, thereby gaining a holistic appreciation of construction contracts.

Some of the cases Mulopa has been involved in concerned the following:

  • the continuing duty of an Engineer under a FIDIC contract to certify interim payment certificates as to interest for as long as the work was completed but never paid for, many years after the contract was terminated and receivables assigned;
  • refusal of the Engineer to approve payment on the ground that the composition of a Contractor that was made of a consortium under a FIDIC contract had changed without the Employer’s consent;
  • the validity and enforceability of delay damages under FIDIC contracts, and the circumstances in which they would be considered penalties;
  • charges brought by the regulator of the construction industry alleging that contracts for construction works were awarded in breach of local legislation;
  • whether sub contractors under JBCC contracts were severally liable or jointly liable with the main contractor for incomplete works; and
  • the effect of a mixed use development based on a hybrid of a FIDIC red book contract meant to balance construction risk and also create a favourable project management contract.