Marx, David H

Contact: (Mobile) 082 822 2133 / (Email) davidm@infracoms.co.za

Membership of Institutions / SocietiesMSAICE - 2010356; ECSA - Pr Eng, 880361; Member of the Commercial Panel of the Arbitration Foundation of South Africa (AFSA); Fellow of the Association of Arbitrators - 2432

Academic QualificationsB Eng (Civil), UP, 1984; B Eng (Hons), UP, 1987; M Eng (Construction and Project Management), UP, 1989; MBA (Specialising in Finance and PPP’s), Wits, 2005

Current OccupationProfessional Civil Engineer; Alternative Dispute Resolution Specialist; Independent Commercial Advisor

ADR Qualifications & Courses CompletedAdvanced Certificate in Alternative Dispute Resolution (Cum Laude), AFSA/UP, 2012.; AASA Fellowship Admission Course 2023

LocationPretoria, Gauteng, South Africa.

Marx, David H

Competent In These Forms of Contracts:

FIDIC, JBCC, GCC, NEC, PPP Contracts (Bespoke)

16 years of intimate involvement in ADR. 10 major disputes (mainly arbitration) on Gautrain Project, varying from construction related declarators to a 10Bn delay claim, as well as infrastructure operations related disputes. Sole adjudicator or arbitrator in 8 disputes. Commercial Advisor in 3 operations related adjudications.

Experience:

Former Director and Executive Committee member of Stewart Scott, a multidisciplinary consulting engineering firm. Member of the Executive Committee of the Gautrain project implementation management team. Self-employed independent advisor from December 2006 to date.

36 years’ experience in the built environment including planning, design, procurement, supervision, contract and risk management, project management and Public Private Partnerships relating to Roads, Rail, Airports, Municipal services, Municipal utilities and facilities.

Alternative Dispute Resolution:

Advice to Bakwena Platinum Concession Company (BPC) in its dispute with the PJV (2014) relating to pavement design and construction obligations

Sole Adjudicator of dispute between:

Bophelong Construction and the City of Tshwane (2017)
Raubex LR and Johannesburg Water (JW) (2019/2020)
Lekgotla Construction and the City of Tshwane (2020).
further dispute between Raubex LR and JW (2020)
Mhiduve (Pty) Ltd and Merafong Municipality (February 2021)

Amicable Dispute Resolution Facilitator: Gauteng Roads and Transport vs Jodan Construction (2020)

Sole Arbitrator of dispute between CBI Electrical and eThekwini Municipality (September 2021)

Commercial Manager of a number of disputes on the Gautrain Project, including the following (approximate monetary amounts in brackets):

AFSA: Land Discrepancies Dispute relating to the scope of Province’s Land obligations (Declaratory and compensation component (R50m).
Dispute Resolution Board: Water ingress into the Tunnels (Declaratory and Remedial Work (R300m).
AFSA: Water Ingress into the Tunnels. Declaratory and remedial work (R2Bn).
AFSA: OCD2 Dispute. Completion requirements (Declaratory).
AFSA: Progress Exception Reporting compliance. (Declaratory).
AFSA: GTIA Dispute. Obligations of Concessionaire ito Gauteng Transport Infrastructure Act (Declaratory).
AFSA: Sandton Cavern Quantum. Valuation of a contract variation (R700m).
AFSA: DDD Claim 3. Valuation of Variation of the design of balanced cantilever bridges (R700m).
AFSA DDD Claim 1 and 2. Delay and disruption claim, Extension of Time claim, and a quantum claim (R8000m).
AFSA Operating period Disputes (R250m).
High Court: Contractors All Risk Claim related to the damage of tunnel works. Ongoing (R1000m+).
High Court: Commercial advice to a local authority. Damages claim against a consultant (ongoing)

The Gautrain work spanned 16 years (2007 to 2022) and included the identification, briefing and management of witnesses and experts of various disciplines located across the globe, review of witness- and expert statements, commercial input to pleadings and discovery, commercial case management (including the management of the legal team and counsel) and ongoing case assessment and valuation.