The Cox Yeats Podcast

By COX YEATS

Legal content podcast by Cox Yeats Durban.... more

· Arts

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FAQs about The Cox Yeats Podcast:

How many episodes does The Cox Yeats Podcast have?

The podcast currently has 10 episodes available.

The Cox Yeats Podcast episodes:

August 19, 2025 Changes to Standard Form Contracts
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
...more
34min
August 14, 2025 Changes to Standard Form Contracts
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
00:00 – 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
...more
34min
February 28, 2025 Legality Review
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 various
commercial transactions.
The Cox Yeats Podcast is legal content podcast.
Contact Cox Yeats
...more
26min
February 28, 2025 Consultants and Subconsulting
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 various
commercial transactions.
The Cox Yeats Podcast is legal content podcast.
Contact Cox Yeats
...more
28min
January 29, 2025 Removing a Director as an Employee
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 three
distinct 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 making
of 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
...more
25min
January 29, 2025 Acquisition of a Business : The Legal Considerations
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 three
distinct 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 making
of 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
...more
18min
December 02, 2024 Forms of Commercial Enterprise
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 making
of 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 three
distinct 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
...more
26min
December 02, 2024 The Legal Considerations of Construction Projects
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
...more
30min
August 14, 2024 The Legal Structuring of a Business Enterprise
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 making
of 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 three
distinct fields: Corporate Commercial, Health Care and Construction Law.
The Cox Yeats Podcast is legal content podcast.
Contact Cox Yeats
...more
29min
May 21, 2024 The Construction Mafia
On this episode of the Cox Yeats Podcast, the discussion focuses on the construction Mafia. Peter Barnard, Sunil Hansjee and Claudelle Pretorious give insight into the legalities relating to the business, labour and contract management in this context.

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.

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.

The Cox Yeats Podcast is legal content podcast.
Contact Cox Yeats
...more
44min

FAQs about The Cox Yeats Podcast:

How many episodes does The Cox Yeats Podcast have?

The podcast currently has 10 episodes available.