The Barton Legal Podcast

It's another international episode of the Barton Legal Podcast, as Bill Barton links up with Mino Han from Pete and Kim, who is currently based in Singapore.

Join Bill Barton for a quick look into the subject of repudiation

The episode of the Barton Legal Podcast takes us stateside, as Bill Barton chats to Larry Biegel from The Biegel Law Firm.

In this episode of the Barton Legal Podcast, Bill catches up with Owen Lawrence, Chief Executive at Arbitra International.

In the final episode of this season, Bill Barton of Barton Legal provides an in-depth overview of variations in construction and engineering contracts.

Variations are contractual mechanisms that enable an employer or contractor to change aspects of the work during a project. These changes can go on to impact the completion date and overall cost of a project. 

In this bite-sized episode, Bill covers:

• What are Variations? 
• How do Variations Arise? Changes to the employer's requirements, an existing design being unsuitable or requiring extra work, or the agreed works becoming impossible to carry out in their original form can all lead to variations.
• Determining a Variation: To assess if an instruction is a variation, one must understand the original scope of work. If an instruction falls outside that scope, it is likely a variation. A variation must involve an alteration of work included in the contract.
• Written Instructions and Notice Provisions: Most contracts require written instructions for varied work, allowing the employer to reassess costs or withdraw the instruction. It is crucial to comply with all notice provisions regarding variations, as failing to do so can result in losing entitlement to payment or additional time for the varied work.
• Valuation of Variations: Bill references Clause 5.2.1.2.1 of the standard JCT Design & Build 2016 contract, which states that the value of a variation should be agreed upon by the employer and contractor or, if not agreed, valued by the quantity surveyor. The valuation process can, however, differ across different contract suites (e.g., JCT, NEC, FIDIC).
• Purpose of Variations: Variations are essentially an "invention" designed to keep contracts alive and prevent frustration by adding additional flexibility. Without them, a new contract would be needed for every minor change, which would be impractical and costly.

This is only a brief overview of this topic; for detailed information or advice, Bill encourages listeners to contact Barton Legal.

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This engaging episode features a conversation between Jim Smith from Farrer Kane - a PR firm - and Bill Barton.

Jim discusses how he “fell into” PR after studying history and law at university, AI in writing and PR, and shares his perspectives on news consumption and the media landscape. 

His journey illustrates to viewers how diverse academic backgrounds can lead to successful careers in fields like PR, especially when coupled with a passion for communication and current events.

Specific topics include:

• Jim's Background and Career Path: Jim studied history at university and later did a post-graduate diploma in law, and found that PR allowed him to combine his love for news, writing, and legal studies. He started in PR two and a half years ago and highly recommends it for those who enjoy media, writing, reading, and researching.
• The Value of a History Degree in PR: Bill observes that history graduates often develop strong analytical and writing skills, allowing them to provide a unique perspective and write engaging opinion pieces. Jim agrees, stating that a history degree teaches the skill of analysing information to produce something useful.
• University Experience (Warwick): Jim discusses his time at Warwick University, chosen somewhat on a whim, but where he made good friends. 
• Early Aspirations and Writing: Jim shares his ambition to be a writer, initially aiming to be the "next Tolkien." 
• AI in Writing and PR: The conversation touches on the use of AI in writing, sparked by a recent article about a novel co-authored with AI. Jim expresses his scepticism about AI-written novels, believing that the value of writing comes from it being "your work" and having a human take. However, he acknowledges AI's potential role as a productivity tool for editing and suggestions. 
• The Media Landscape and News Consumption: Jim, who loves the news, describes how Farrer Kane’s team collectively reads national newspapers online daily, sharing key stories to keep everyone informed. He defends mainstream news organisations, pointing out their regulation and correction pages, and suggests reading multiple sources to get a balanced view. 
• Headlines and Journalistic Skill: Jim notes that headlines are written by editors, not journalists, and their purpose is to be "clickbait" to draw readers in, not always to be a perfectly accurate reflection of the article. 
• Writing Process and Flow State: Jim discusses the challenges of writing, especially when tired, and describes a "flow state" where sentences form easily. 
• London's Evolution Post-COVID: Jim talks about changes in London's working patterns, with a hybrid model becoming common.

On a more personal note, Jim shares his enjoyment of visiting different parts of the UK, having recently been to Arundel for a jousting tournament. 

Connect with Jim: 

Jim Smith on LinkedIn: https://www.linkedin.com/in/jim-smith-8b278013a/

Farrer Kane: https://www.farrerkane.com/

More Barton Legal

Barton Legal website - https://bartonlegal.com/

Bill on LinkedIn - https://www.linkedin.com/in/bill-barton-bartonlegal/

Barton Legal on LinkedIn - https://www.linkedin.com/company/barton-legal-limited/

Register for our next webinar or replay our recent ones - https://bartonlegal.com/site/webinars/up_and_coming

This episode, presented by Bill Barton of Barton Legal, focuses on adjudication as a method of dispute resolution within the construction industry.

Bill outlines what adjudication is, when it can be used, and provides a concise outline of the process from start to finish. 

Key takeaways from this episode include:

• What is Adjudication? A quick and temporary (but usually binding) method of dispute resolution specifically for the construction industry. It aims to address the frequent disputes and cash flow concerns common in construction.
• Common Disputes: Adjudicated disputes often include delay claims, defects, final accounts, and issues with contractual notices.
• Who Can Adjudicate? Any party to a construction contract can adjudicate. Bill defines a "construction contract" broadly but notes exceptions. For example, a collateral warranty is generally not considered a construction contract.
• Specific Exclusions: Certain disputes cannot be adjudicated, such as those involving drilling for oil or gas, nuclear energy works, and some chemical works, as listed in Section 105(1) of the Construction Act. 
• When Can You Adjudicate? A dispute must have "crystallised," meaning it has been clearly and specifically put to the other side, and they've had an opportunity to respond. If a dispute hasn't crystallised, the court is unlikely to enforce an adjudicator's decision.
• The Adjudication Procedure: Bill outlines the steps involved, including a notice of adjudication, the appointment of an adjudicator, referral notices, time for response, further submissions, and the final decision.
• Binding and Enforceable? Adjudication decisions are temporarily binding and usually enforced by the Technology and Construction Court through summary judgment. However, the court may refuse enforcement in some cases.
• Finality: Unlike court decisions, adjudication decisions are not final. The losing party can seek a final determination through other forums like litigation or arbitration, which would involve a full re-assessment of the case.

Bill explains that adjudication involves very short timescales compared to normal litigation, and he encourages viewers to contact Barton Legal for more information or advice.

More Barton Legal

Barton Legal website - https://bartonlegal.com/

Bill on LinkedIn - https://www.linkedin.com/in/bill-barton-bartonlegal/

Barton Legal on LinkedIn - https://www.linkedin.com/company/barton-legal-limited/

Register for our next webinar or replay our recent ones - https://bartonlegal.com/site/webinars/up_and_coming

This episode features guest speaker Lyndon White – an ADR and collaborative contracting practitioner – who joins Bill Barton from Barton Legal. 

They discuss various topics, including Lyndon’s journey from civil engineering to law, his research into modern slavery during his jurist doctorate, and his life and experiences in Australia.

Specific topics the pair discuss include: 

• Collaborative Working and Law: Lyndon shares his experience with FIDIC's collaborative contracting body and the importance of being "willing and able" for successful collaboration. 
• Career Journey and Global Experience: Lyndon recounts his diverse career path, starting as a civil engineer and later moving into law. He talks about his early inspiration from a boss who encouraged world travel and continuous learning. 
• Modern Slavery Research: A significant portion of the conversation focuses on Lyndon's research into modern slavery during his jurist doctorate. He explains how his children influenced his shift in focus towards understanding human rights and environmental justice. He discusses the lack of anti-slavery provisions in the Australian Constitution and the challenges of implementing effective corporate responsibility in supply chains to combat modern slavery.
• Life in Australia and Travel: Lyndon shares his reasons for staying in Australia, despite numerous opportunities to live abroad, citing the importance of family stability. He expresses his desire to continue travelling and surfing, embracing a philosophy of prioritising these activities alongside work.
• Brisbane as a Developed City: Bill and Lyndon discuss Brisbane's urban development, particularly its unique approach to creating public spaces along the river.

Lyndon also shares some more personal insights, including his worst surfing experience, involving a child’s innocent but cutting remark about his skill, and Bill and Lyndon both share their first music album purchases. 

Connect with Lyndon: 

Lyndon White on LinkedIn: https://www.linkedin.com/in/lyndon-white-2680269/?originalSubdomain=au

More Barton Legal

Barton Legal website - https://bartonlegal.com/

Bill on LinkedIn - https://www.linkedin.com/in/bill-barton-bartonlegal/

Barton Legal on LinkedIn - https://www.linkedin.com/company/barton-legal-limited/

Register for our next webinar or replay our recent ones - https://bartonlegal.com/site/webinars/up_and_coming

This episode, presented by Bill Barton of Barton Legal, discusses Part 36 offers in civil litigation and how they’re designed to encourage early dispute resolution. 

In this Barton Bitesize episode, Bill explains:

• What Part 36 offers are: distinct settlement offers designed to encourage early dispute resolution.
• The requirements for a valid offer: A Part 36 offer must be in writing, clearly state it's made pursuant to Part 36, specify a "relevant period" of at least 21 days for acceptance, and clarify if it relates to the whole or part of a claim and any counterclaims. It must also be a genuine attempt to settle.
• The standard position on costs: Generally, the loser pays the winner's costs on a "standard basis," typically covering 65-70% of total costs.
• Indemnity basis costs: The court can award costs on a harsher "indemnity basis," often used to punish poor conduct, where doubts about reasonable costs are resolved in favour of the receiving party.
• The consequences of Part 36 offers: He breaks down the different outcomes, including acceptance within the relevant period, defendant's offer rejected, and claimant's offer rejected.
• Court's discretion: The penalties outlined must be imposed unless the court deems it unjust, for example, if parties had limited information when the offer was made or if the offer wasn't a genuine attempt to settle.

Bill emphasises that Part 36 is a complex and technical area of civil procedure rules and encourages viewers to contact Barton Legal for more information or advice regarding Part 36 offers.

More Barton Legal

Barton Legal website - https://bartonlegal.com/

Bill on LinkedIn - https://www.linkedin.com/in/bill-barton-bartonlegal/

Barton Legal on LinkedIn - https://www.linkedin.com/company/barton-legal-limited/

Register for our next webinar or replay our recent ones - https://bartonlegal.com/site/webinars/up_and_coming

In this enlightening episode, Bill Barton speaks with Brendan Greiner, a District Associate Judge in Polk County, Iowa.

Brendan offers insight into his career to-date, as well as providing thought-provoking takeaways about American law in popular culture, his “anti-courtrooms”, and the essential role of mentorship in law. 

Bill and Brendan also consider the challenges of interstate legal practice and the significant differences and surprising similarities between the U.S. and UK legal systems.

Key points of discussion include:

• American Law in Popular Culture: Brendan discusses how American law is portrayed in TV shows such as "The Lincoln Lawyer" and "Better Call Saul." 
• Interstate Legal Practice in the U.S.: The pair consider the difficulty of moving between states as an attorney in the U.S. and the move towards a more universal bar exam.
• Quality of Legal Advocacy and Mentorship: Brendan observes a decline in presentation skills and a lack of mentorship among newly qualified lawyers in the U.S. He notes that public defenders in Iowa often show higher quality due to structured mentorship within their offices.
• Differences in Courtroom Environments: Brendan describes how his courtrooms are set up, with an "anti-courtroom" where lawyers and clients discuss cases before entering the main courtroom.
• Cross-Jurisdictional Learning: Brendan discusses his experience taking the Solicitors Qualifying Examination (SQE) in the UK. 
• The Value of International Legal Exchange: Both emphasise the benefits of exchanging ideas and understanding different approaches in law across jurisdictions.
• Judicial Career Path: Brendan discusses the judicial ladder in Iowa and contrasts the generalist approach in Iowa with the increasing specialisation of judges in English courts.

Brendan also shares some personal anecdotes throughout, such as his hobby of making homemade hot sauce and how he has reimagined his work-life balance to allow him more time for giving back by teaching at local colleges and a law school.

Connect with Brendan: 

Brendan Greiner on LinkedIn: https://www.linkedin.com/in/brendangreiner/ 

Iowa Judicial Branch: https://www.iowacourts.gov/iowa-courts/district-court/judicial-district-5/judges-and-magistrates/brendan-greiner

More Barton Legal

Barton Legal website - https://bartonlegal.com/

Bill on LinkedIn - https://www.linkedin.com/in/bill-barton-bartonlegal/

Barton Legal on LinkedIn - https://www.linkedin.com/company/barton-legal-limited/

Register for our next webinar or replay our recent ones - https://bartonlegal.com/site/webinars/up_and_coming