The Cox Yeats Podcast

Welcome to Season 3 of The Cox Yeats Podcast with your host, Harshita Kapoor. In this first episode, we unpack the legal realities of South Africa’s built environment with three top attorneys from Cox Yeats: Peter Barnard, Chantal Mitchell, and Claudel Pretorius. Together, they explore the practical use and misuse of standard form contracts like JBCC, FIDIC, NEC, and GCC; how these agreements shape public and private construction projects; what happens when contracts are amended poorly; and how legal strategies can mitigate risk for contractors and developers alike. 
Whether you're a developer, engineer, quantity surveyor, or legal practitioner, this episode is packed with real-world insights and cautionary tales that will reshape how you view construction contracts.   ⏱ Timestamped Overview 
00:15 – Introduction to the episode and guest bios 02:22 – Overview of standard form contracts (JBCC, FIDIC, NEC, GCC) 04:09 – What contracts are typically used in public vs private sectors 05:17 – Why the state still uses the 2005 JBCC version & associated risks 07:01 – Common amendments to contracts and how they go wrong 10:46 – How contractors can deal with problematic contract clauses 13:37 – Penalties tied to multiple completion dates: legal issues 16:58 – “Time at large” and why some penalties may be unenforceable 20:23 – The “equity contribution” clause that failed in arbitration  22:42 – Fixed-term contracts vs real construction realities 25:50 – EOT claims blocked by disruption clauses: interdict challenges 28:59 – Negotiation vs legal action: when good faith talks backfire 30:25 – Burdening the courts with urgent interdicts 32:00 – Final takeaways: know the risks, qualify tenders, or plan legal strategy 
 
Quote of the Episode 
“Trying to rewrite these contracts, which are not fit for purpose, is like trying to put a square peg into a round hole.” – Peter Barnard     👣 Relevant Links  Peter Barnard Website: Cox Yeats - Peter Barnard  Peter Barnard LinkedIn: Peter Barnard - Cox Yeats | LinkedIn   Chantal Mitchell Website: Cox Yeats - Chantal Mitchell Chantal Mitchell LinkedIn: Chantal Mitchell - Durban, KwaZulu-Natal, South Africa | Professional Profile | LinkedIn  Claudelle Pretorius Website: Cox Yeats - Claudelle Pretorius Claudelle Pretorius LinkedIn: Claudelle Pretorius - Umhlanga, KwaZulu-Natal, South Africa | Professional Profile | LinkedIn 
   🌐 Connect with Cox Yeats 
🔗 Website: https://www.coxyeats.co.za/  📘 LinkedIn: https://za.linkedin.com/company/cox-yeats  🎧 YouTube Channel: https://www.youtube.com/@coxyeats8892  

Legality review is the focal point of the discussion on this episode of Cox Yeats Podcast. Our guests are Peter Barnard, Claudelle Pretorious and Chantal Mitchell.Peter Barnard is a lead partner in the construction and engineering law arena and has become an industry leader in construction and procurement dispute  resolution, both in litigation and alternate dispute resolution forums.Peter handles commercial litigation and specialises in procurement and built environment disputes.He has handled disputes arising from a wide range of construction and engineering projects across Africa. Additionally, he has developed a specialization in procurement law and represents.Claudelle Pretorious skilfully navigates the key challenges in complex contractual arrangements, compliance with stringent regulations, manages disputes that may arise during projects, handles project delays, payment disputes, protection of intellectual property, manages subcontractor relationships, and addresses potential corruption risks and non-performance issues. Chantal Mitchell specialises in Construction Law, Procurement / Administrative Law, and Engineering and Infrastructure Law. She has extensive experience in these fields representing a diverse clientele including developers, principal agents, large building contractors, subcontractors and professionals. Chantal specialises in dispute resolution and litigation but also has experience with variouscommercial transactions. The Cox Yeats Podcast is legal content podcast. Contact Cox Yeats

The conversation on this episode of the Cox Yeats Podcast focuses on consultants and subconsulting on projects. Peter Barnard, Claudelle Pretorious and Chantal Mitchell join us for this discussion. Peter Barnard is a lead partner in the construction and engineering law arena and has become an industry leader in construction and procurement dispute  resolution, both in litigation and alternate dispute resolution forums.Peter handles commercial litigation and specialises in procurement and built environment disputes.He has handled disputes arising from a wide range of construction and engineering projects across Africa. Additionally, he has developed a specialization in procurement law and represents.Claudelle Pretorious skilfully navigates the key challenges in complex contractual arrangements, compliance with stringent regulations, manages disputes that may arise during projects, handles project delays, payment disputes, protection of intellectual property, manages subcontractor relationships, and addresses potential corruption risks and non-performance issues. Chantal Mitchell specialises in Construction Law, Procurement / Administrative Law, and Engineering and Infrastructure Law. She has extensive experience in these fields, representing a diverse clientele. These include developers, principal agents, large building contractors, subcontractors and professionals. Chantal specialises in dispute resolution and litigation but also has experience with variouscommercial transactions. The Cox Yeats Podcast is legal content podcast. Contact Cox Yeats

The process of removing a director as an employee is the center of the discussion on this episode of the Cox Yeats Podcast. Randhir Naicker, Benjamin Meadows, Jason Goodison and Sunil Hansjee unpack the legal considerations. Randhir Naicker: Randhir Naicker 's core areas of expertise span threedistinct fields: Corporate Commercial, Health Care and Construction Law. Benjamin Meadows: He structures and implements transactions in various sectors and assists in the resolution of commercial disputes. Benjamin’s experience extends to advising on various aspects of regulatory compliance, and the makingof submissions to regulatory authorities.Jason Goodison: Jason is a commercial lawyer at Cox Yeats, specialising in transactional law, competition law, banking law and private equity law.Sunil Hansje: is a recognised attorney and partner at Cox Yeats Attorneys with expertise in Employment Law, Litigation, and Occupational Health and Safety. Sunil's specialisation lies in providing comprehensive legal advice to employer clients on a wide range of complex employment and labour matters.  The Cox Yeats Podcast is legal content podcast. Contact Cox Yeats

On this episode of the Cox Yeats Podcast, the discussion centers on the legal considerations that need to be borne in mind when acquiring a business enterprise. Benjamin Meadows, Jason Goodison and Randhir Naicker are the guests on this second episode of the Cox Yeats Podcast. Randhir Naicker: Randhir Naicker 's core areas of expertise span threedistinct fields: Corporate Commercial, Health Care and Construction Law.Benjamin Meadows: He structures and implements transactions in various sectors and assists in the resolution of commercial disputes. Benjamin’s experience extends to advising on various aspects of regulatory compliance, and the makingof submissions to regulatory authorities.Jason Goodison: Jason is a commercial lawyer at Cox Yeats, specialising in transactional law, competition law, banking law and private equity law.Sunil Hansje: is a recognised attorney and partner at Cox Yeats Attorneys with expertise in Employment Law, Litigation, and Occupational Health and Safety.Sunil's specialisation lies in providing comprehensive legal advice to employer clients on a wide range of complex employment and labour matters.  The Cox Yeats Podcast is legal content podcast. Contact Cox Yeats

On this episode of the Cox Yeats Podcast, the focus is on the various forms of commercial enterprise. Benjamin Meadows, Jason Goodison and Randhir Naicker are the guests on this episode of the Cox Yeats Podcast.Benjamin Meadows: He structures and implements transactions in various sectors and assists in the resolution of commercial disputes. Benjamin’s experience extends to advising on various aspects of regulatory compliance, and the makingof submissions to regulatory authorities.Jason Goodison: Jason is a commercial lawyer at Cox Yeats, specialising in transactional law, competition law, banking law and private equity law.Randhir Naicker: Randhir Naicker 's core areas of expertise span threedistinct fields: Corporate Commercial, Health Care and Construction Law.The Cox Yeats Podcast is legal content podcast.Contact Cox Yeats The Cox Yeats Podcast is legal content podcast. Contact Cox Yeats

Construction goes beyond brick and mortar on this episode of the Cox Yeats Podcast. The legal, contractual and labour considerations of undertaking a construction project are the focus of the discussion with  Peter Barnard and Sunil Hansjee. Peter Barnard is a lead partner in the construction and engineering law arena and has become an industry leader in construction and procurement dispute  resolution, both in litigation and alternate dispute resolution forums.Peter handles commercial litigation and specialises in procurement and built environment disputes.He has handled disputes arising from a wide range of construction and engineering projects across Africa. Additionally, he has developed a specialization in procurement law and represents.Sunil Hansjee is a recognised attorney and partner at Cox Yeats Attorneys with expertise in Employment Law, Litigation, and Occupational Health and Safety.Sunil's specialisation lies in providing comprehensive legal advice to employer clients on a wide range of complex employment and labour matters. His areas of focus include discipline, organisational restructuring, employee incapacity, incompatibility, section 197 business transfers, collective bargaining, and restraint of trade issues.The Cox Yeats Podcast is legal content podcast. Contact Cox Yeats

On this episode of the Cox Yeats Podcast, the focus is on the legal structuring of a business enterprise. Benjamin Meadows, Jason Goodison and Randhir Naicker are the guests on this second episode of the Cox Yeats Podcast.Benjamin Meadows: He structures and implements transactions in various sectors and assists in the resolution of commercial disputes. Benjamin’s experience extends to advising on various aspects of regulatory compliance, and the makingof submissions to regulatory authorities.Jason Goodison: Jason is a commercial lawyer at Cox Yeats, specialising in transactional law, competition law, banking law and private equity law. Randhir Naicker: Randhir Naicker 's core areas of expertise span threedistinct fields: Corporate Commercial, Health Care and Construction Law.The Cox Yeats Podcast is legal content podcast. Contact Cox Yeats