Sarah Fox

On a mission to help construction specialists create simple contracts that safeguard their business without annoying their clients, in just 500 words!

11

Oct2016

Making Up For Poor Contract Process?

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Getting a contract in place before you provide works, goods, or services is not something the UK construction industry is great at (roughly one-third of projects start without any contract). But I expect more of the companies that sell a simple off-the-shelf product. So when I bought my recent JCT 2016 ... Read More

04

Oct2016

Subcontractor Delays: Choose Your Weapon

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What should be the contractor's remedy when a subcontractor is running late? Under freedom to contract, the parties can decide their rights, remedies, obligations and liabilities - they are masters of their contractual fate. The choice is between recovering an uncertain amount provided you can prove breach and ... Read More

27

Sep2016

Unenforceable Conditions

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When writing a contract, you may be tempted to use the kitchen sink approach ie shove in terms that you like... irrespective of whether they: help you do business build trust create clarity manage expectations avoid disputes One type of term, which surely meets none of these aims for a contract, ... Read More

20

Sep2016

Catastrophic Conditions Precedent

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Last week I was working with a specialist subcontractor client to improve their management of contractual risk (as their MD put it). As part of a workshop on Contract Awareness, I asked various staff to read a variety of T&C and answer questions such as: when are you going to ... Read More
Simple contracting

13

Sep2016

What is a SMART contract?

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The term SMART contract means a computer protocol. Contract process As the diagram shows, the three ages of contracting are: plan (inception): from verification to tendering make (creation): from contract choice to award/completion use (operation): from contract to dispute management SMART contracts should be able to deal with all these ages - smart ... Read More

30

Aug2016

What Is A Condition Precedent?

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A condition precedent is a clause or term which one party MUST comply with before it is entitled to other rights or remedies. It's like a contract bouncer - if you don't have the right code then you don't get in. Examples The UK standard forms contain a selection of conditions precedent, for ... Read More

17

Aug2016

Write Your Contract: In Just 500 Words

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Many years ago, I sat in Ed's diner at Euston Station (London) waiting for my train. I was chatting to my sister and she challenged me to write a contract in just 500 words. In a rash moment I agreed, and being a woman of my word, I had to get ... Read More

09

Aug2016

Hope is not a Contract Strategy

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One of the key problems with contracts is knowing how and when to use them effectively. This decision should be part of a clear contract strategy. Even if you don't have a mature contract strategy [read more], any strategy is better than hope! As fellow speaker and internet ... Read More

02

Aug2016

Choosing Model Form MF/1

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One of my favourite standard forms is MF/1 the IET Model Form of Contract for the design, supply and installation of electrical, electronic and mechanical plant. It is clear, logically ordered and user-friendly. [It used to be printed on pink paper but that's not why I like it] This blog outlines some ... Read More

26

Jul2016

Choosing Model Form MF/4

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Following my recent webinar for the IChemE Special Interest Group, I ended up debating the relative merits of the IChemE Professional Services Contract (Short Form, 2015) and the IET/IMechE MF/4. This post outlines some of the aspects you need to consider when choosing MF/4 as part of ... Read More