Sarah Fox

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

19

Jul2018

The Dotted Line: Is your grade ‘could do better’?

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As I have just a read school report packed with advice for my youngest son, I thought I’d provide some ‘targets for improvement’ so you can be more effective when dealing with contracts, agreements or sets of T&C. #TopTipsThursday Read the full edition here » Contracts, according to Ray ... Read More

17

Jul2018

Pay Now, Argue Later?

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The classic smash and grab adjudication is where the employer fails to serve a payment or pay less notice against a contractors application for payment. It relies on s111(1) of the Construction Act 1996: Subject as follows, where a payment is provided for by a construction contract, the payer must pay the ... Read More

10

Jul2018

Delay Damages: £1 or £1m per day?

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Once you have realised the truth behind the pesky myths surrounding liquidated damages, you will need to consider what level of liquidated damages should go into your contracts. There are a number of options: If you state £nil, then the client cannot recover any of its losses for ... Read More

05

Jul2018

The Dotted Line: Writing your own history

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Just because something has always been done that way is not an excuse for continuing with contracts or contract processes that don’t work. To paraphrase Gareth Southgate (the England football manager) “you can write your own history.” Read the full edition here » You can use your freedom to ... Read More

03

Jul2018

Delay Damages: Busting the Myths

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One of my favourite activities in contract workshops when we are reviewing time, is to ask whether the Wembley damages of £120,000 per day are a penalty or fully recoverable by the client (notwithstanding arguments about whether the contractor is entitled to an extension of time). Myths Invariably some of the classic ... Read More

26

Jun2018

Fitness for Purpose aka Promising the Impossible

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One of the contract traps for anyone providing construction works is a fitness for purpose obligation. This type of strict liability output obligation is rarely expressly included in a construction contract* (one of the arguments being that it is not covered by standard insurances). However... Fit for furpose Whenever I review design and ... Read More

21

Jun2018

The Dotted Line: Success!

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As you know I want you to use contracts for success. Success on a project doesn’t just mean achieving the project aims (the unholy trinity of time, cost and quality). It means doing so without falling out with your clients and suppliers! Read the full edition here » If you’d ... Read More

19

Jun2018

Review Your Contract: Recognise Traps

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According to a Brief History of Cunning (podcast), Machiavelli said: one must be a fox to recognise traps and a lion to recognise wolves This struck a chord because as a contracts expert, one of my services is to review contracts on behalf of contractor and specialist subcontractors to ... Read More

14

Jun2018

Avoid Disputes with Wedding Cakes

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Having considered the importance of clarity and records in avoiding disputes (both easier said than done), Susannah's last post reviews the role of contract clauses that set out a series of dispute resolution options. These are tiered procedures, hence their nickname 'wedding cake clauses'. Although ... Read More

13

Jun2018

Avoid Disputes with Records

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Having considered how a clear contract can help you avoid disputes, Susannah Lee, an expert disputes solicitor,  looks at how disputes can be won and lost with records. Records are an essential (if boring) part of contract management. Max Abrahamson wrote A party to a dispute... will learn three ... Read More