Exciting development at Markram Inc!

Markram inc is excited to announce a new development within the firm. As of January 2018, Mr Anton Theron has stepped into the shoes of director at Markram Inc and has taken the wheel from Hendrik and Amelia Markram, the founders of the firm. Hendrik and Amelia Markram retain a close working relationship with the firm and continue to provide their valuable insights and assistance as expert consultants to the firm. Anton Theron, who is an admitted attorney, notary and conveyancer and the director of Tonkin Clacey Pretoria, brings some 35 years’ worth of experience to the firm. Anton has extensive litigation experience from over ten years spent with the State Attorney’s office. Anton is also a property law expert, and specialises in all aspects of conveyancing. He is currently the convenor for the conveyancing examination, vice-chairperson of the Gauteng Law Council and current member of the central committees and property committees of the Pretoria and Johannesburg Attorneys’ Association, as well as the Gauteng Law Council and the Law Societies of South Africa. Anton is also the drafter and examiner of the conveyancing national exam in South Africa. Markram Inc looks forward to the future and development of the of the firm under the careful and diligent guidance of Anton Theron.

 

Annelize Hefer

 +27 12 346 1278


 annelize@markraminc.co.za
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Annelize obtained her LLB degree cum laude from the University of Pretoria where she was awarded the Vice Chancellor & Rector Medal for Best Law Student of the University for all four years of study

She completed her articles at one of the largest law firms in the country.  She was then appointed as legal advisor of an underwriting agency, writing business on behalf of, inter alia, a leading insurance company in South Africa.  She gained extensive experience in insurance, more specifically Professional Indemnity Insurance for a variety of professions, including attorneys, advocates, engineers, architects, estate agents and brokers.  She completed various insurance examinations and was registered with the FSB as both a Key Individual and Representative.

Annelize discovered early on in her career that she had a preference for Medical Malpractice and she completed a Certificate in Medical Law through UNISA.  Throughout her career as legal advisor, she dealt with Medical Malpractice involving hospitals, clinics, nurses and various medical professionals (including Allied Healthcare Practitioners).  She decided to return to practice where she can focus on Medical Law.     

Disclaimer

The articles displayed on this website are provided for general information purposes only and do not constitute legal advice. Each situation is based on unique circumstances which require assessment  in order to form an opinion of merits. Markram Incorporated will not accept responsibility for any loss or damage that may arise from reliance on information displayed on this website.

Sandra Bester – Associate

 012 346 1278 

 sandra@markraminc.co.za
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Sandra was admitted as an attorney in May 2011. She obtained her LLB degree cum laude and qualified for the Dean’s List of Merit for each year of her studies.  During her articles of clerkship she gained experience in general and commercial litigation.  She is now focussing on medical law.

Amanda Strauss – Professional Assistant

 012 346 1278 

 amanda@markraminc.co.za
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Amanda was admitted as an attorney in September 2011.  She shows a special interest in the JBCC suite of agreements and is often commended for her proficiency in document management skills in major matters.  She was involved recently in the successful conclusion of a major JBCC contract arbitration (with a value of R30 million).  

Amelia Markram – Director


 +27 12 346 1278


 082 410 7369

 amelia@markraminc.co.za 
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Amelia joined Markram Inc in 2010 after practising as partner in a property practice in Johannesburg for 9 years.  She holds three degrees, including a masters degree in Law of Contract. 

She is a conveyancer with experience in a wide range of property work.  Amelia heads up the firm’s property practice and has a strong focus on Contract and Property Development advice.

Alternative Dispute Resolution

Construction and Engineering disputes are often complex. The complexity arises not only from intricate contractual terms and relationships, but also sophisticated technical facts, all of which must be understood and analysed.

These matters often involve large volumes of documentation to be assessed in order to develop a comprehensive and accurate factual matrix for evaluation.

Disputes in the Construction and Engineering fields may be handled through the conventional litigation processes, but are often the subject of arbitration agreements. Parties to construction agreements usually anticipate that disputes arising from a construction contract would be significant and therefore provide for the use of alternative dispute resolution procedures such as arbitration, mediation or adjudication. This allows a party to state its case to a presiding officer with suitable technical expertise.

We are uniquely placed to provide clients with professional service in this regard.

Our recent exposure includes:

    • Acting for a prominent property developer in a payment dispute against a JSE listed contractor concerning a high end apartment development in Sandton, Johannesburg (claim value of R 30 million).

Engineering Law

Engineering law includes product and design failures.  The assessment of the root cause of failures is, in most cases, a critical aspect of our work. Our specific expertise allow us to assist clients with innovative and often unique solutions to these challenges.  We also work closely with highly skilled local and international technical experts.

The impact of the new Consumer Protection Act is now also part of the legal considerations to be taken into account in matters of this nature. 

Some of our recent engineering law exposure includes: 

  • The successful resolution of a claim concerning the collapse of a tubular space-frame structure in the Saldanha harbour on behalf of a major International (German) manufacturer and its insurer (claim value of R 210 million);
  • The successful resolution of a claim against a fire engineering consultant and its insurer concerning the total destruction of a building (claim value of R 170 million);
  • Acting for a chemical manufacturer and supplier and its insurer in defence of a claim related to the alleged failure of a six hectare concrete warehouse floor (claim value of R 17 million);
  • Acting for a chemical manufacturer and supplier in defence of a claim concerning alleged product deficiencies incorporated into catalyst products used in the motoring industry (claim value of R 18 million); and
  • The successful resolution of a claim against a major International Authorised Inspection and Certification Agent concerning the alleged failure of pressure vessel equipment used by a global brewery in Morocco, Benin and Burkina Faso (claim value of R 12 million).

Hendrik Markram – Director

 +27 12 346 1278


+27 83 675 3458

 hendrik@markraminc.co.za 
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Hendrik is a qualified Civil Engineer who completed his legal studies while working as Engineer.  He completed his articles at one of the largest law firms in the country and practised at the same firm for four years as a construction lawyer.  He soon recognised that specialist legal services offer significant benefit to clients and, with this in mind, founded Markram Inc in 2005. 

He is a Construction and Engineering Law specialist. He is involved in the formulation of significant delay and disruption claims.  He also has a strong focus on all aspects of both product liability and construction insurance aspects related to his main field of practice.

Hendrik is a member of The Arbitration Federation of Southern Africa, The Chartered Institute of Arbitrators and serves on the current committee of its South African branch. He has also been appointed as a member of the Construction Industry Development Board’s panel of adjudicators for construction contracts.

Careers

We are always keen to meet ambitious professionals and persons interested in joining our dynamic team. We offer excellent opportunities for career growth. We do not only offer comparative remuneration, but also opportunities for further study and personal growth. Individuals who are serious about making the most of these opportunities will be rewarded with exciting career prospects.

Applicants who wish to become expert attorneys and play a role in the development of our firm are welcome to submit applications online.

 

 

 

 

 

 

 

Product Liability

Product Liability risks have seen significant changes as a result of the introduction of the final stage of the Consumer Protection Act, 68 of 2008, which came into operation on 31 March 2011.

The main objective of the above Act is to protect consumers from hazards and to provide effective remedies for consumers who buy defective or unsafe products.

The Act opens new avenues for consumers to institute product liability claims against producers, importers, distributors, retailers or installers of goods. Such claims may arise from the supply of unsafe goods, product failures, defects in goods, and failure to provide adequate instructions or warnings to consumers about hazards arising from or associated with the use of the product.

Product liability claims may now be instituted by a variety of persons, not only the person who has suffered direct harm as a result of the product, and there is no restriction on the kind of loss that may be recovered.

The wide application of the Act holds serious risks for all persons or businesses in the supply chain. These risks include limited opportunity to raise traditional defences as the Act contemplates “strict” liability.  It is therefore no longer necessary for consumers to prove negligence or fault, and consumers may hold any person or business in the supply chain liable for any damage suffered.

Our client base includes local and international insurers and underwriters exposed to product liability risks carried by producers, importers, distributors and retailers in the chemical, construction, engineering, industrial, mining and quality assurance and certification sectors.

Some of our recent exposure includes:

  • Acting for a chemical manufacturer and supplier and its insurer in response to a claim related to the alleged failure of a six hectare concrete warehouse floor (claim value of R 17 million); and
  • Acting for a chemical manufacturer and supplier in response to a claim concerning alleged product deficiencies incorporated into catalyst products used in the automotive industry (claim value of R 18 million).

Medical Law

We established a specialist medical law department and assist clients with legal advice in a wide range of medical malpractice matters as both prosecution and defence attorneys.  These matters involve both civil claims where professional negligence is alleged, as well as complaints against professionals lodged with their medical or professional bodies.

These professional bodies include, amongst others, the HPCSA (Health Professionals Council of South Africa), the SACSSP (South African Council for Social Services Professionals) and SAASWIP (the South African Association of Social Workers in Private Practice).

We also act for professional indemnity insurers who carry the professional negligence risks of professionals in a wide range of medical fields. 

We also advise medical professionals as direct clients in all fields of medical law directly, outside insurance arrangements. 

Law of Contract

We advise on all aspects of contracts in the construction, building and engineering industry and share our in depth knowledge of the standard form construction and building contracts (including FIDIC, NEC, GCC and JBCC Agreements) with our clients.

We assist clients with contractual interpretation, contract notification and cancellation procedures, as well as claim prosecution strategies. In doing so, we develop and implement appropriate claim preparation or defensive strategies. We assist clients with the assessment and formulation of delay and disruption claims.

We also offer advice on contractual aspects in Insurance Contracts, including Construction Guarantees.

Our client base includes property developers in need of advice in relation to the legal evaluation of contractual relationships required for successful developments.  We assist with drafting and vetting of such contracts and advise clients on all aspects of implementation.

Property Law

We act on behalf of home builders, property developers, contractors, project managers and housing consumers in disputes with the National Home Builders Registration Council.

We also act for property owners, potential property purchasers and developers offering a full range of property related services.  Some of our services include drafting of all forms of property related agreements and strategic planning advice to property developers (in consultation with town planners and land surveyors). 

Construction and Engineering Disputes

· Litigation
· Alternative Dispute Resolution (including Arbitration, Mediation and Adjudication)

Construction and Engineering disputes are often complex.  The complexity arises not only from intricate contractual terms and relationships, but also sophisticated technical facts, all of which must be analysed and understood. 

Construction and Engineering matters often involve large volumes of documentation to be assessed in order to develop a comprehensive and accurate factual matrix for evaluation. 

Construction and engineering disputes may be dealt with through the conventional litigation processes, but are often the subject of arbitration agreements.  Parties to construction agreements usually anticipate that disputes arising from the construction contract would be significant and therefore provide for the use of alternative dispute resolution procedures.  This allows a party to state its case to a presiding officer with suitable technical expertise.

We are uniquely placed to provide clients with professional services in this regard.   Our skills are drawn upon by a significant client base.  Some of our recent exposure includes:

· The successful resolution of a claim concerning the collapse of a tubular space-frame structure in the Saldanha harbour on behalf of a major International (German) manufacturer and its insurer (claim value of R 210 million)
· The successful resolution of a claim against a fire engineering consultant and its insurer concerning the total destruction of a MassMart building through fire (claim value of R 170 million)
· Acting for a prominent property developer in a payment dispute against a major contractor concerning a high end apartment development in Sandton, Johannesburg (claim value of R 30 million)
· Acting for a chemical manufacturer and supplier and its insurer in defence of a claim related to the alleged failure of a six hectare concrete warehouse floor (claim value of R 17 million)
· Acting for a chemical manufacturer and supplier in defence of a claim concerning alleged product deficiencies incorporated into catalyst products used in the motoring industry (claim value of R 18 million)
· Acting for a major construction company, more specifically its steel manufacturing division, concerning the supply of erection materials to be incorporated into two major power station projects
· Successful resolution of a claim against a major International Authorised Inspection and Certification Agent concerning the alleged failure of pressure vessel equipment used by a global brewery in Morocco, Benin and Burkina Faso (claim value of R 12 million)