Changes To The Scope

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 guests
01:28 – 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-project
07:36 – How standard forms handle variations
09:09 – FIDIC (cl.13): employer issues/requests variations; contractor proposals
12:38 – Continuing GCC process and consequences
14:04 – JBCC bars oral instructions; GCC’s practical confirmation approach
15:15 – Acceleration vs EOT (catch-up vs extra time)
18:11 – Treasury approvals causing site standstills & EOT/PS&G knock-ons
20:11 – Move-the-wall example; approved price vs proceed dilemma
22:15 – 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 time
29:45 – Use a live programme; baseline is outdated
33:20 – 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 Mitchell
Chantal Mitchell LinkedIn: Chantal Mitchell - Durban, KwaZulu-Natal, South Africa | Professional Profile | LinkedIn

Peter Barnard Website: Cox Yeats - Peter Barnard
Peter Barnard LinkedIn: Peter Barnard - Cox Yeats | 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.