The Cox Yeats Podcast

Welcome to Season 3 of The Cox Yeats Podcast! In episode 3, host Harshita Kapoor is joined by Cox Yeats construction and engineering team, Chantal Mitchell, Peter Barnard, and Claudelle Pretorius to unpack the concept of scope of works: what it is, why it often becomes muddled, and how standard-form contracts (JBCC, FIDIC, NEC, GCC) address changes, pricing, and time implications. Expect practical insights from both public and private-sector projects, covering everything from provisional sums to Treasury approvals and critical-path pitfalls.
Chantal, Peter, and Claudelle are construction and engineering law specialists at Cox Yeats Attorneys. They advise employers, contractors, and professionals on contract strategy, tender disputes, variations, extensions of time, and project close-outs across major South African projects.
 
⏱ Timestamped Overview
00:00 – Introduction and introducing the guests01:28 – Provisional sums & early tenders (e.g., the “R500,000 kitchen” problem) 03:22 – Using the BoQ to price changes (not define scope) 05:13 – Budget diversions mid-project07:36 – How standard forms handle variations09:09 – FIDIC (cl.13): employer issues/requests variations; contractor proposals12:38 – Continuing GCC process and consequences14:04 – JBCC bars oral instructions; GCC’s practical confirmation approach15:15 – Acceleration vs EOT (catch-up vs extra time)18:11 – Treasury approvals causing site standstills & EOT/PS&G knock-ons20:11 – Move-the-wall example; approved price vs proceed dilemma22:15 – Often not written into contracts (but still binding via law) 24:45 – What is the critical path?27:30 – Prevention principle: employer must allow reasonable time29:45 – Use a live programme; baseline is outdated33:20 – Employer cautions: approve with full time/cost awareness
 
Quote of the Episode
“The bill of quantities is used to price. It is not used to determine the scope of work.” – Chantal Mitchell 👣 Relevant Links
Chantal Mitchell Website: Cox Yeats - Chantal MitchellChantal Mitchell LinkedIn: Chantal Mitchell - Durban, KwaZulu-Natal, South Africa | Professional Profile | LinkedIn
Peter Barnard Website: Cox Yeats - Peter BarnardPeter Barnard LinkedIn: Peter Barnard - Cox Yeats | LinkedIn
Claudelle Pretorius Website: Cox Yeats - Claudelle PretoriusClaudelle 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
 
Disclaimer: This article is for general guidance only and not intended as legal advice. Should readers require legal advice on any relevant issue, they are requested to consult a Cox Yeats professional.

Welcome to Season 3 of The Cox Yeats Podcast! In episode 2, host Harshita Kapoor is joined by Cox Yeats partners Randhir Naicker, Benjamin Meadows, and Jason Goodison for a practical discussion on how companies authorise transactions. They unpack the legal framework governing board and shareholder resolutions, when shareholder involvement is required, and the serious consequences if the correct processes aren’t followed. 
The conversation touches on the Companies Act, MOIs, shareholder agreements, financial assistance rules, buybacks, distributions, and the risks directors face if they get it wrong. Whether you’re a company director, shareholder, or advisor, this episode is packed with insights into making legally sound corporate decisions. 
  ⏱ Timestamped Overview 
00:00 – Introduction and introducing the guests 02:30 – Who makes decisions for a company? Directors, delegation & authority 03:30 – How resolutions are passed: meetings vs. round robin 05:00 – Majority voting, MOIs, and shareholder agreements 07:00 – Shareholder agreements vs. MOIs: breaches & consequences 08:00 – When shareholders must be involved: financial assistance explained 09:30 – Defining financial assistance & the Constantia case (2023) 11:00 – Solvency & liquidity test: what directors must consider 12:30 – Holding companies, subsidiaries & sister companies explained 13:20 – Reserved matters, restrictive matters & higher thresholds 14:30 – Quorum considerations for resolutions 15:30 – Other instances requiring special resolutions: buybacks, distributions & major disposals 16:40 – Director conflicts of interest (Section 75) 17:20 – Consequences of non-compliance: void transactions & personal liability 18:30 – Why informal decision-making isn’t enough: risks for directors & shareholders 18:55 – Closing remarks & key takeaways 
 
Quote of the Episode 
“The failure to get it right can result in the thing you are trying to do not happening. And that’s the last thing you want as a director of a company” – Benjamin Meadows    👣 Relevant Links 
 Jason Goordison Website: Cox Yeats - Jason Goodison Jason Goordison LinkedIn: Jason Goodison - Partner at Cox Yeats Attorneys: Business Law, Commercial Litigation, Natural Resources Law, Banking Law. | LinkedIn 
Randhir Naicker Website: Cox Yeats - Randhir Naicker Randhir Naicker LinkedIn: Randhir Naicker - Partner at Cox Yeats Attorneys: Business Law, Corporate Mergers & Acquisitions, Construction, Engineering & Infrastructure Law, Medical Schemes. | LinkedIn 
Benjamin Meadows Website: Cox Yeats - Benjamin Meadows Benjamin Meadows LinkedIn: Benjamin Meadows - Partner at Cox Yeats Attorneys | 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  
 
Disclaimer: This article is for general guidance only and not intended as legal advice. Should readers require legal advice on any relevant issue, they are requested to consult a Cox Yeats professional. 

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  
 
Disclaimer: This article is for general guidance only and not intended as legal advice. Should readers require legal advice on any relevant issue, they are requested to consult a Cox Yeats professional. 

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
 
Disclaimer: This article is for general guidance only and not intended as legal advice. Should readers require legal advice on any relevant issue, they are requested to consult a Cox Yeats professional. 

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
 
Disclaimer: This article is for general guidance only and not intended as legal advice. Should readers require legal advice on any relevant issue, they are requested to consult a Cox Yeats professional. 

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
 
Disclaimer: This article is for general guidance only and not intended as legal advice. Should readers require legal advice on any relevant issue, they are requested to consult a Cox Yeats professional. 

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
 
Disclaimer: This article is for general guidance only and not intended as legal advice. Should readers require legal advice on any relevant issue, they are requested to consult a Cox Yeats professional. 

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 
 
Disclaimer: This article is for general guidance only and not intended as legal advice. Should readers require legal advice on any relevant issue, they are requested to consult a Cox Yeats professional.