Sarah

Author. Contract strategist. Mission to get businesses to read, understand & use their contracts to build trust and avoid disputes. Contracts should be simple and effective.

25

Feb2016

Which is Better: JCT or NEC?

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On alternate Thursdays, Sarah Schutte of Schutte Consulting and I are holding blab debates about various issues in construction. This debate discusses the relative merits of the two most popular standard forms in the UK Construction Industry. This blab covers: the role of collaboration ... Read More

23

Feb2016

Which is Better: Letter of Intent or No Contract?

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On alternate Thursdays, Sarah Schutte of Schutte Consulting and I are holding blab debates about various issues in construction. Our first debate discussed whether a letter of intent was better than 'no contract'. This blab covers: the requirements for a contract, the critical contents for a workable legally binding letter ... Read More

17

Feb2016

The Key Risk in Using a Letter of Intent

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Although there are a number of pitfalls with letters of intent, the key risk is that the full contract is never signed. A letter of intent is used to get the project started quickly, but it is only intended to be a temporary stop-gap. So why don't the parties get the ... Read More
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09

Feb2016

When Letters of Intent Go Wrong: the Client Perspective

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A letter of intent is a contract to start a construction project in the form of a letter. It may also confirm the sender's intention to award the contract for the whole project to the recipient - the contractor. The purpose of a letter of intent is two-fold: (1) to start ... Read More

05

Feb2016

Write Your Contract: Improve Your Skills

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In the process of creating a series of construction contracts in just 500 words, I learnt a huge amount about using simple, clear and concise language –or 'plain language'. Everyone prefers plain language – your clients expect and want it from their advisers, their business partners, their regulatory authorities and also ... Read More

02

Feb2016

Write Your Contract: What Is Your Safety Net?

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When writing your contract, you may be tempted to see it as a form of safety-net. This means your contract will inevitably focus on what will happen when things go wrong. Is this really a good start to a client relationship? How do you think it makes your client feel? A good ... Read More

25

Jan2016

Review Your Contract: Use STAR

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Do you have a ‘haphazard’ or ‘cavalier’ approach to the terms of your contracts? Back in 2011, the OFT found evidence that contract users did not "properly assess the transaction or deal they enter into." It is not a luxury to make sure your contract helps you do business, and the ... Read More

15

Jan2016

Why Write Simpler Contracts?

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A good speech is like a skirt – it should be short enough to be interesting and long enough to cover the essentials... Churchill The same is true of a good contract. Short enough to be read. Long enough to cover the essentials. In the construction industry, we have nearly 90 main ... Read More

12

Jan2016

Write Your Contract: 5 Steps

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Contracts are tools to help you do business, and in that sense, you (rather than a lawyer) might be the perfect person to write your own contract. This might seem counter-intuitive coming from a contract specialist, who helps companies to write their own contracts. When I work with clients, I ask ... Read More