Knowledge

MarkramInc Knowledge

  • 1
  • 2
Prev Next

Construction Law - Governance of the architectural professions as a whole and the legislative framew…

30-06-2015 Sandra Bester

1. In terms of the Council for the Built Environment Act, 43 of 2000 (hereinafter referred to as “the Built Environment Act”), a “registered person” means a person registered in terms...

Read more

Contract Law - Our Courts’ approach to exemption clauses and the potential impact of the Consumer Pr…

22-06-2015 Sandra Bester

Introduction: 1. Exemption clauses are provisions in a contract in terms of which a party is protected from certain claims in respect of damages, loss, negligence, non-performance etc. An example of an...

Read more

Product Liability - Our Courts’ approach to product liability claims and the impact of the Consumer …

22-06-2015 Sandra Bester

Prior to the Consumer Protection Act, Act 68 of 2008, (hereinafter referred to as “the Act”) coming into force, a person seeking to recover damages from a supplier in respect...

Read more

Medical Law - Requirements for valid surrogacy agreements and the sanctions that medical practitione…

02-04-2015 Sandra Bester

Medical practitioners involved in artificial fertilisation or involved in rendering assistance in artificial fertilisation in respect of surrogacy should familiarise themselves with the relevant provisions of the Children’s Act 38...

Read more

Construction Law - Certain instances where the NHBRC could be held liable by a home owner for rectif…

26-03-2015 Amanda Strauss

INTRODUCTION: 1. In the unreported matter of Stergianos v National Home Builders Registration Council 2012 JDR 1982, the Plaintiff, Mr Stergianos, issued summons against the National Home Builders Registration Council (“NHBRC”), alleging...

Read more

Construction Law - The nature of on-demand guarantees

24-02-2015

1.  In construction contracts, on-demand guarantees or unconditional performance bonds are a means of guaranteeing the performance of the contractor to its employer.  2.  On-demand guarantees are similar to letters of credit or...

Read more

Insurance Law - The consequences of non-fulfilment of a condition precedent contained in an insuranc…

24-02-2015

In Screening and Earthworks (Pty) Ltd v Hollard Insurance Company Limited the South Gauteng High Court recently considered whether a ‘condition precedent’ in an insurance policy placed a positive contractual...

Read more

Medical Law - Loss of earnings / earning capacity and “sympathetic employment”

18-06-2014 Sandra Bester

In the recently decided matter of De Melin v Road Accident Fund 2013 JDR 2656 (GSJ) the South Gauteng High Court was faced with deciding whether loss of earnings /...

Read more

Construction Law - The Binding Nature of Interim Adjudication Awards

12-02-2014

In the matter of Stefannuti Stocks vs S8 Property the Court reconfirmed the enforceability of an adjudicator’s decision by court prior to final arbitration.  It also confirmed that an agreement...

Read more

Construction Law - Demand Guarantees and the Fraud Defence

01-02-2014

Guardrisk Insurance Company Ltd v Kentz (Pty) Ltd The law underlying the avoidance by a Guarantor of its obligations to make payment to a beneficiary under a demand guarantee is clarified...

Read more

Medical Law - Medical Practitioners and fees charged for services rendered: The HPCSA has set the de…

13-11-2013 Sandra Bester

The period for commentary on the HPCSA’s Guideline Tariffs lapses on 18 November 2013.  As these tariffs will be used by the HPCSA to adjudicate complaints pertaining to overcharging, we...

Read more

Medical Law - HPCSA Guidelines on the Keeping of Patient Records

05-06-2013 Sandra Bester

THE IMPORTANCE OF KEEPING PROPER PATIENT RECORDS The Health Professions Council of South Africa places "health care practitioners" – i.e. persons registered with the HPCSA - under an obligation to keep...

Read more

Medical Law - Requirements for dispensing doctors

28-01-2013 Sandra Bester

Prior to 01 April 1966 the authority of medical practitioners to dispense or compound medicines was governed by section 52 of the Health Professions Act. Under this act, a medical practitioner...

Read more

Construction Law - Where employer fails and/or refuses to make payment of a certified amount to the …

15-01-2013 Amanda Strauss

The standard JBCC Principal Building Agreement (“the Agreement”), more specifically Clause 31.1, determines that the principal agent should issue an interim payment certificate each month until the issue of a...

Read more

Construction Law - Liability of Agent to Compensate Contractor for its loss in terms of the JBCC Pri…

14-01-2013 Amanda Strauss

In the matter of Hyde Construction CC v Blue Cloud Investments 40 (Pty) Ltd 2011 JDR 0954 (WCC) the Court had to decide whether a contractor can succeed with a...

Read more

Engineering Law - Should an Engineer's duties be extended beyond its contractual obligations?

08-08-2012 Administrator

The question of what the extent of an engineer’s duties are, usually come into play whenever an engineered structure fails.  One prominent element to this question is whether an engineer’s...

Read more

Medical Law - The Medical Schemes Act and Direct Payment to Service Providers

08-08-2012 Sandra Bester

Section 59 of the Medical Schemes Act, Act 131 of 1998, provides inter alia that: 1)    “A supplier of a service who has rendered any service to a beneficiary in terms...

Read more

Construction Law - The Legal Principles underlying the Builder's Lien

12-06-2012 Sandra Bester

In terms of common law a builder has a right of retention over the building or structure (site) or portion thereof that he has constructed, enhanced or repaired to secure...

Read more

Medical Law - The Interpretation of "Pay in Full" in terms of the Medical Schemes Act

28-05-2012 Sandra Bester

In the recent matter of Board of Healthcare Funders of Southern Africa v Council For Medical Schemes 2011 JDR 1471 (GNP), the first and second applicants approached the Court with...

Read more

Construction Law - Calling up Guarantees...or are they Suretyships?

28-03-2012

Insurers, guarantors, contractors and employers should take note of two recent judgments from the Supreme Court of Appeal developing the law governing Construction Guarantees. The first, Dormell Properties 282 Cc V...

Read more

Construction Law - Final Certification and Defences thereto

27-03-2012

The issuing of a final certificate in terms of a building contract carries with it certain legal consequences for Employers and Principle Agents (normally Architects, Quantity Surveyors or Engineers). In...

Read more

Construction Law - Contractor’s Lien and the Bona Fide Possessor

19-03-2012 Amanda Strauss

A lien can be described as the common law right of retention of property to secure payment for its improvement.  In a construction dispute, it is often available to the contractor...

Read more

Insurance Law - Removal or Weakening of Support, Collapse or Cracking of Structures

12-03-2012

In the case of Hypercheck (Pty) Ltd v Mutual And Federal Insurance Company Ltd the Court assessed the liability of an insurer under a property protection policy to indemnify against...

Read more

Alternative Dispute Resolution - Extinctive Prescription in Arbitration

06-03-2012

Arbitration plays a major role in the construction industry as alternative dispute mechanism. Section 13(1)(f) of the Act states that the completion of prescription will be delayed if the debt...

Read more

Construction Law - Time-Barring Clauses...What is Reasonable and Fair?

05-03-2012

In the construction and engineering industry time-barring provisions are often included as part of the standard terms in construction agreements. These provisions often require "strict" compliance with time periods and hold significant...

Read more

Construction Law - Reservation of Ownership Clause - JBCC Lump Sum Building Contract

23-02-2012

In the Judgment of A D Pellow NO & S Williams NO vs Club Refrigeration CC the Supreme Court of Appeal had to consider the effect of a reservation of...

Read more

Insurance Law - Rejection of Claims...The Design Standard

23-02-2012

Construction claims, the formulation of Insurance claims and the rejection thereof by Insurers have become one of the oldest battles in the Engineering and Construction industry.  This conflict has, to...

Read more

Contract Law - Suspensive Conditions – Fulfillment or Waiver?

23-02-2012

In the recent matter of Aeterno Investments 216 (Pty) Ltd v Ramashala 2011 JDR 0657 (GNP), the applicant succeeded with an application for an order declaring an agreement of sale...

Read more

Construction - Considering Prescription - The Construction Law Perspectve

22-01-2012

INTRODUCTION As in all legal disputes, extinctive prescription is an important factor to be considered when evaluating the merits of a claim and formulating a defence. Construction law cases, in many...

Read more

Construction Law - Substance is key in Notifications of Claims

22-01-2012

The leading role in the execution of the contract as “Engineer” (under the GCC) or “Principle Agent” (under the JBCC) requires frequent decisions and rulings on the activities on site....

Read more

Construction Law - Does Adjudication Work?

22-01-2012

In the government white paper on Creating an Environment for Reconstruction Growth and Development in the Construction Industry in 1999, it was argued that the conventional mechanisms and procedures for...

Read more

Copyright 2012 © Markram Incorporated Attorneys. All rights reserved.