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. 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 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 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 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/ 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…

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…

Bill Barton sits down with Eve Roodhouse, a seasoned public servant with a background spanning the NHS, prison health, and Leeds City Council. Their conversation unfolds as a relaxed exploration of Eve's diverse career, her time at Cambridge and Oxford, and her dedication to community involvement. Eve shares personal anecdotes about her family, her love for swimming, and her observations on social issues. This episode provides a glimpse into the life of a dedicated individual committed to public service and community. Key Takeaways: Exploring the diverse career path of a public servant. Understanding the importance of community involvement. Gaining insights into the challenges and rewards of public service. Eve Roodhouse’s dedication to her work, and family. Connect with Eve Eve Roodhouse on LinkedIn: https://www.linkedin.com/in/eve-roodhouse-10711b10/ Leeds City Council: https://www.leeds.gov.uk/ 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 a thought-provoking conversation with Dr. Ann Marie Mealey, ethicist and Director of Mission at Leeds Trinity University. Bill and Dr. Mealey delve into the role of an ethicist, the evolution of Leeds Trinity, and the university's mission centred on compassion and justice. Dr. Mealey shares her rich experiences studying across the globe, offering insights into cultural differences and the importance of ethical leadership. The discussion also touches on the personal significance of handwritten letters and Dr. Mealey's publications on higher education. Key Takeaways: Understanding the role of an ethicist in modern society. Exploring the growth and mission of Leeds Trinity University. Gaining insights into global perspectives and ethical leadership. Ann Marie Mealey’s passion for her work. Connect with Ann Marie Ann Marie Mealey on LinkedIn: https://www.linkedin.com/in/dr-ann-marie-mealey-52b3809a/ Leeds Trinity University Profile: https://research.leedstrinity.ac.uk/en/persons/ann-marie-mealey 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 episode, Bill Barton takes listeners on a journey through the world of tort law, demystifying this often misunderstood area of legal practice. Bill explores the concept of tort law from multiple angles, breaking down its fundamental principles, emotional associations, and practical applications. He delves into the meaning of 'civil wrong', examining how tort law operates as a critical mechanism for addressing harm and seeking justice in everyday situations. From personal injury claims to professional negligence, Bill provides listeners with a brief overview of how tort law impacts individuals and businesses alike. Key Takeaways: Understanding the core concept of tort law and its significance in the legal system Exploring the emotional and psychological responses people have to the term 'tort' Examining the wide-ranging applications of tort law in various real-world scenarios Defining 'civil wrong' and its practical implications in legal disputes Identifying common situations where tort law plays a crucial protective role 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 an engaging conversation with Scott Coulton, Director of Nexus Consult, offering listeners a unique perspective from his diverse professional background. Bill Barton sits down with Scott to explore his fascinating journey from the Royal Air Force to the construction consultancy world, delving into his experiences in Dubai and his deep understanding of large-scale construction projects. The discussion provides insights into the complexities of construction management, the challenges of project planning, and the critical importance of understanding business economics. Key Takeaways: Understanding the intricate planning and processes behind large construction projects Insights into the challenges faced by subcontractors and the importance of knowing their rights Additional Topics Covered: Scott's RAF background and international experiences The nuances of project margins, profitability, and true project costs The significance of responsibility and accountability in business Scott's professional partnership with Andy Farrington and their business ventures Connect with Scott LinkedIn: https://www.linkedin.com/in/scottcoulton/ Nexus Consult website: https://nexusconsult.co.uk/ AKF Decorating website: https://www.akfdecorating.co.uk/ 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 episode of the Barton Legal Podcast, Bill Barton provides a comprehensive exploration of limitation clauses, unpacking their critical role in contract law and risk management. Bill dissects the complex world of limitation clauses, offering listeners an in-depth understanding of how these legal mechanisms work to protect parties from potentially catastrophic financial exposure. He examines the intricate ways liability can be limited, drawing on relevant case law, statutory legislation, and practical insights from his extensive legal experience. Key Takeaways: Defining limitation clauses and their fundamental purpose in contractual agreements Exploring the various methods of limiting liability across different types of legal claims Understanding the legal boundaries of limitation clauses and what cannot be excluded Identifying potentially unfair contract elements that parties might inadvertently overlook Examining the sources of liability, including contractual, tortious, accidental, and third-party claims 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 an illuminating conversation with Melissa Murphy KC of Landmark Chambers, offering a deep dive into her distinguished legal career and personal journey. Bill Barton sits down with Melissa, exploring her remarkable path in planning and environmental law since qualifying in 2001. The discussion provides an intimate look at her professional evolution, including her achievement of taking silk in 2022, and reflects on her early aspirations and professional development. Key Takeaways: Insights into the specialised world of planning and environmental law Understanding the significance of becoming a King's Counsel (KC) Exploring the personal and professional journey of a leading legal advocate Additional Topics Covered: Melissa's rebellious spirit and personal growth Her extensive experience with high-profile legal cases Community involvement and connection to the Duke of Minister Awards The importance of building client confidence through expertise and track record Personal reflections on career progression and professional challenges Connect with Melissa LinkedIn: https://www.linkedin.com/in/melissa-murphy-kc-5bba5334/ Landmark Chambers website: https://www.landmarkchambers.co.uk/barristers/melissa-murphy-kc 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 episode of the Barton Legal Podcast, Bill Barton delves into the critical legal concept of contract formation, specifically focusing on offer acceptance and the terms of contracting. Bill explores the five fundamental elements that constitute a legally binding contract: offer, acceptance, consideration, intention to create legal relations, and the mental capacity of parties to enter into the agreement. He breaks down the nuanced process of how contracts are formed, highlighting the importance of understanding each party's terms and the precise moment when a contract becomes legally binding. Key Takeaways: Examining the intricate process of offer and acceptance in contract formation Understanding the critical elements that must be present for a legally valid contract Exploring the complexities of contracting terms and their legal implications 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 an engaging conversation with Keith Oliver, Head of International at Peters and Peters, offering listeners an intimate look into his professional journey and personal passions. Bill Barton sits down with Keith to explore the role of Head of International, delving into Keith's professional experiences and the evolving landscape of legal careers. The discussion provides insights into the modern legal industry, highlighting how professionals now navigate multiple firm experiences in ways that differ from previous generations. Key Takeaways: Understanding the responsibilities and challenges of leading International Exploring the changing dynamics of career progression in the legal industry Gaining insights into the personal motivations and professional philosophy of a leading international legal expert Additional Topics Covered: Keith's personal connections within the legal industry The unique perspectives gained from international legal work Keith's passions outside the legal world, including Man United, travelling, and skiing Connect with Keith LinkedIn: https://www.linkedin.com/in/keith-oliver-7388282a/ Peters and Peters website: https://www.petersandpeters.com/lawyer/keith-oliver/ 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 episode of the Barton Legal Podcast, Bill Barton talks us through the prevalent issue of professional negligence within the construction industry. Bill discusses the various forms of professional negligence, the criteria for establishing liability, and the process of claiming damages. Key Takeaways: Understanding the common causes of professional negligence in construction projects. The importance of gathering evidence to support a negligence claim. The steps involved in quantifying losses due to professional negligence. 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 a conversation with Colin Marrs, Editor of Construction News, one of the industry’s leading publications. The discussion explores the role of journalism in the construction sector, the challenges and opportunities facing the industry, and the importance of effective communication. Key Takeaways: The influence of Construction News on the construction industry. The evolution of journalism in the construction sector, Colin’s background and what made him want to become a reporter. The challenges and rewards of working in construction journalism. Additional Topics Covered: The role of technology in shaping the construction industry. The importance of diversity and inclusion in the construction workforce and how Colin is has an active part in inspiring women in construction. Connect with Colin LinkedIn :https://www.linkedin.com/in/colin-marrs-050a469/ Construction News on LinkedIn: https://www.linkedin.com/company/construction-news/ Construction News website: https://www.constructionnews.co.uk/ 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…

Join Bill Barton in this episode of the Barton Legal podcast to explore the distinct roles of solicitors and barristers in the legal process. The episode also touches on the increasing collaboration between solicitors and barristers in the modern legal landscape, facilitated by technology and changes in legal practice. Key Takeaways: Understanding the traditional roles of solicitors and barristers. Exploring the benefits of a collaborative approach between the two professions. The impact of technology on solicitor-barrister relationships. 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…