In this episode, Bill Barton of Barton Legal unpacks the critical concept of extensions of time (EOT) in construction contracts, with a particular focus on JCT contracts.

He explains that every construction project hinges on three elements: time for completion, EOT provisions, and the consequences of delay (like liquidated damages).

Key points from the discussion include:

Programme & Delays: The essential role of a project programme in managing timelines, preventing delays, and assigning fault for EOT and liquidated damages (LADs).

Time for Completion: Why this date is a contentious negotiation point due to potential contractor liabilities.

What is EOT? A formal mechanism to adjust the completion date when delays occur that are not the contractor's fault, protecting them from liability.

Circumstances for EOT: How modern contracts cover various delay events, including employer-initiated variations.

"Time at Large": The concept where the completion date becomes unenforceable for LADs if a delay event isn't covered by the contract, stemming from the 'prevention principle'.

Types of Delay: Distinguishing between employer delays and neutral delays (e.g., weather, strikes, force majeure), and how contract drafting impacts EOT entitlement for the latter.

Dynamic EOT Clauses: The evolving application of EOT clauses as knowledge and control over disruptions (like COVID-19) change.

JCT Contracts: A detailed look at JCT's 'relevant events' and 'after the event' notification approach for EOT.

NEC Contracts: How NEC uses 'compensation events' and emphasizes early warning and cooperation, with a forward-looking approach to anticipating delays.

Bill concludes by stressing the importance of comprehensive contracts, robust programmes, and clear definitions to avoid poorly drafted clauses that can lead to oppressive consequences or 'time at large' impacting both parties.

He highlights the contrast between JCT's strict adherence and NEC's collaborative focus.

Bill invites listeners to contact Barton Legal for any questions.

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In this engaging episode, Bill Barton interviews Nick Child, Managing Director at Secretariat, a global disputes consultancy.

Nick shares his multifaceted journey, from orchestrating global charity rock concerts to championing children's welfare and navigating a significant career transition.

Key discussion points include:

The Genesis of Law Rocks: Nick recounts how his idea in 2009 to organize 'battle of the bands' among law firms blossomed into a global phenomenon, raising over $9 million for charity by blending professional networking with a passion for music.

Kids Out Charity: A heartfelt discussion about his late father's charity, Kids Out, which provides enriching day trips and essential items to disadvantaged, disabled, and underprivileged children across the UK.

The Art of Connection: Nick attributes his strong people skills and networking philosophy to his father, emphasizing the importance of providing genuine value in every interaction, whether through insights, introductions, or support, rather than focusing solely on sales.

Career Transformation: Insights into his bold transition from a 22-year clerking career to the dynamic world of global consultancy at Secretariat, highlighting the collaborative culture he's found.

Construction & Engineering Industry Evolution: A look at the growth and increasing specialization within the construction and engineering law sector, and the vital role of engineering experts in complex disputes.

Future Endeavors: Nick shares exciting future plans for Law Rocks' expansion, the continued growth of Kids Out and the Jay Lemon Foundation, and two new not-for-profit ideas blending rock music with orchestral elements and supporting armed forces veterans.

Passion & Positivity: Both Bill and Nick underscore the profound impact of passion, enthusiasm, and a positive outlook in both professional and personal life.

Connect with Nick:

Nick Child on LinkedIn: https://www.linkedin.com/in/nickmchild/

Secretariat: https://secretariat-intl.com/

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In this podcast, Bill Barton of Barton Legal dives deep into mediation, a powerful form of alternative dispute resolution (ADR).

He explains how this "without prejudice" meeting helps parties resolve disputes with the guidance of a neutral, independent mediator, keeping discussions private and off-record.

Key points covered include:

What is Mediation? A clear definition of this confidential process, designed to avoid the stress and expense of litigation.

Benefits: How mediation offers a quicker, less costly path to resolution compared to lengthy court proceedings.

When to Mediate: Bill's advice on initiating mediation as early as possible, ideally within the pre-action protocol.

The Process:

• Appointment: Agreeing on and appointing a mediator.
• Venue: Choosing a neutral location.
• Agreement: Signing the mediation agreement, which carries potential cost consequences for non-compliance.

Preparation is Key:

• Position Statement: Drafting a brief overview of each party's arguments.
• Mediation Bundle: Compiling essential documents.
• Pre-Mediation Meetings: Internal and mediator-led discussions to prepare.

Outcomes & Confidentiality: Mediation doesn't guarantee settlement, but it offers valuable insights and fulfils court expectations for attempting resolution. Crucially, all discussions are confidential and cannot be used in court.

Costs: Typically, parties bear their own costs and split the mediator's fees.

The Mediation Day: From the initial joint session to private negotiations facilitated by the mediator, and the vital step of signing a detailed, enforceable settlement agreement if a resolution is reached.

Bill emphasises the importance of being firm yet flexible during negotiations and invites listeners to contact Barton Legal for any questions.

More Barton Legal

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

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In this episode, Bill Barton of Barton Legal sits down with Matt Molloy and Jonathan Cope from MCMS Limited, two highly respected figures in the construction law sector. They share their unique journeys and insights into the world of dispute resolution.

Key discussion points include:

Complementary Paths: Matt, a chartered quantity surveyor, and Jonathan, initially a building surveyor, both pursued law conversion courses and were called to the Bar. They discuss their complementary working styles and shared values that underpin MCMS.

The Rise of Adjudication: They recount meeting through RICS and their early careers during the exciting period when adjudication was establishing itself as a 'lower entry level' but impactful dispute resolution method.

Founding MCMS: Matt shares the "accidental" genesis of MCMS, driven by a desire for independent work and a growing interest in dispute resolution.

The Value of Re-qualification: Both emphasise how their legal qualifications, combined with deep industry experience, bring a unique 'real-life' perspective to the legal field.

Professional Development & Giving Back: Their ongoing commitment to further qualifications, memberships in institutions like FIDIC and the Adjudication Society, and their passion for helping others, including through a pupillage scheme.

People Skills & Approachability: They discuss how their diverse backgrounds (Matt's experience in a butcher shop; Jonathan's church family background) fostered strong communication skills, contributing to their approachable reputation and the positive reception of their book 'Adjudicating Construction Engineering Disputes'.

Bill concludes by expressing his appreciation for their valuable insights into the construction dispute resolution landscape.

Learn more about MCMS:

Matt on LinkedIn: https://www.linkedin.com/in/mattmcms/

Jonathan on LinkedIn: https://www.linkedin.com/in/jonathanmcms/

MCMS Limited: https://www.mcms.co.uk/

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In this episode, Bill Barton of Barton Legal sheds light on the crucial pre-action protocol system, the framework guiding how parties should behave before formal civil litigation begins.

The core aim? To avoid court proceedings altogether and reduce costs by fostering early communication and encouraging alternative dispute resolution methods like mediation.

Bill explains key aspects, including:

Limitation Periods: Understanding that these protocols do not extend statutory deadlines (e.g., 6 years for contracts, 12 for deeds).

Overriding Objective: How the Civil Procedure Rules (CPR) mandate parties to deal with cases justly and proportionately.

Benefits: The significant advantages of engaging with the protocol, such as saving on court, expert, and counsel fees, and narrowing down disputed issues.

Penalties for Non-Compliance: The potential sanctions courts can impose for failing to follow the protocol.

Specific Protocols: An overview of different protocols, with a focus on the Construction and Engineering Protocol.

The Process: The essential steps of sending a detailed Letter of Claim and the proposed defendant's Letter of Response, emphasising the need for full disclosure.

Settlement Efforts: The critical obligation for parties to actively pursue settlement, especially through mediation, to avoid court penalties.

Formal Proceedings: How the pre-action claim forms the foundation if litigation becomes necessary.

Bill stresses the importance of understanding these rules and encourages listeners to seek professional legal guidance.

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In this insightful episode, Bill Barton sits down with behavioural scientist Dr. Zoe Douglas-Judson for a fascinating discussion on human behaviour, resistance to change, and the evolving nature of connection in a tech-driven world.

Zoe shares her unique background, including a life-altering spinal tumour at 19 that shifted her path from aspiring barrister to a career in business and management, driven by a desire to understand human dynamics.

Key discussion points include:

Understanding Change & Resistance: Why people resist change (fear, comfort, age, societal conditioning) and the importance of focusing on those open to new ideas.

The Role of Behavioural Science: How Zoe blends different schools of thought to understand how environment impacts individual reactions.

Self-Awareness: The crucial need for introspection to understand one's own motivations and reward systems, and the importance of owning and learning from mistakes.

Technology's Impact: A compelling discussion on how smartphones and digital tools are reshaping social interaction, listening skills, and the perception of 'enough' alongside concerns about cyberbullying and the need for immediate gratification.

Zoe's Approach: Her emphasis on creating positive energy and a supportive environment to help individuals and groups find balance and achieve their goals.

The episode is also sprinkled with personal anecdotes, light-hearted moments about regional accents, childhood memories, and even a 'magic' golf club!

Connect with Zoe

Dr. Zoe Douglas-Judson on LinkedIn: https://www.linkedin.com/in/drzoedouglasjudson/

Mindologists: https://www.mindologists.com/

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In this bitesize episode, Bill Barton delivers a clear explanation of liquidated damages in construction contracts and their practical application.

Bill defines liquidated damages as pre-determined sums that contractors must pay to employers when failing to complete projects on time or meet specific contractual obligations.

He walks listeners through the essential steps for properly claiming these damages, including:

• Issuing proper notification to the contractor
• Conducting thorough delay assessment
• Carefully monitoring any extensions of time
• Validating claim legitimacy
• Serving formal claims according to contractual requirements

The episode also explores potential defences contractors might employ, such as:

• Seeking extensions of time
• Demonstrating mitigation efforts
• Challenging the damages as an unenforceable penalty clause (though Bill notes this strategy rarely succeeds)

Bill emphasises the critical importance of adhering to contractual notice requirements and recommends seeking professional legal guidance when navigating these complex matters.

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In this solo episode, Bill breaks down the essential concept of collateral warranties in construction and engineering law.

Bill explains that collateral warranties serve as contracts associated with primary agreements, enabling third parties with project interests to enforce terms despite the "doctrine of privity" in English law that typically limits contractual rights to the original parties.

While the Contracts Rights of Third Parties Act 1999 offers an alternative approach, Bill highlights why collateral warranties remain the industry preference:

• Greater flexibility and customisation
• Enhanced security through "stepping rights" during insolvency
• Eligibility for adjudication under the Construction Act
• Industry familiarity and established precedent

Though third-party rights provide a streamlined method for assigning benefits, Bill concludes that collateral warranties continue to offer superior protection and adaptability for parties in construction projects.

More Barton Legal

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In this episode, Bill Barton welcomes John Tackaberry KC of 39 Essex Chambers, a legal professional with a rich and varied career.

John shares stories from his time as a lecturer in China, his global legal experiences, and his involvement in organising a European expedition.

The conversation delves into the transformation of legal chambers, the changing roles of advocates and judges, and the importance of experience and open discussion within the legal profession.

John also reflects on the value of shared experiences and the evolution of legal societies like the SCL.

Key Takeaways:

• Exploring a distinguished global legal career.
• Understanding the evolution of legal practices and societies.
• Gaining insights into the importance of experience and open discussion.
• The importance of the sharing of knowledge.

Connect with John

John Tackaberry on LinkedIn: https://www.linkedin.com/in/john-tackaberry-12040811b/

39 Essex Chambers: https://www.39essex.com/

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Join Bill Barton as he chats with Jo Smedley, founder of Zest Learning and author, to discuss the evolving dynamics of workplace culture.

Jo shares her insights on shifting from rigid, fear-based environments to flexible, people-centric cultures.

The conversation explores the importance of human connection, authentic leadership, and personal growth.

Jo also discusses her entrepreneurial journey, the impact of modern life, and how Zest helps organisations and individuals embrace change and find enjoyment in their work.

Key Takeaways:

• Understanding the transformation of workplace culture.
• Exploring the importance of human connection and authentic leadership.
• Gaining insights into personal growth and entrepreneurial spirit.
• The importance of enjoying your work.

Connect with Jo

Jo Smedley on LinkedIn: https://www.linkedin.com/in/jo-smedley-371a2335/

Zest Learning: https://www.zest-learning.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