One of the wonders of English is the rich nuances our language permits. That richness, combined with modern usage - whether legal or otherwise - also creates confusion. A major issue for drafters and interpreters of legal documents is the use and abuse of mandatory and permissive verbs. Mandatory verbs are those ...
I have been developing a set of minimum requirements for construction contracts. Rather than start with a contract and edit madly, I started with a blank sheet of paper and worked out what I needed. I decided on ten essentials. First and foremost you need to know who is involved: the ...
Some of you do not read your contracts: you let them gather dust. If you don’t read your contract, it goes without saying that you probably cannot use it properly. For those of us who spend our lives writing contract, it is depressing to think that our hard work is then ...
As a contract drafting lawyer, you might think that asking you to consider ‘should you bother with contracts?’ is a little like asking the proverbial turkey to vote for Christmas! Construction contracts in the UK have been around for about 150 years, with published standard forms a product of the 20th ...
One of the aims of a contract is to “take account of eventualities that can be foreseen, and to ensure that the intentions of the parties are expressed clearly, with certainty, and that the allocation of risks is as intended.” In the construction industry, over 97% of projects use a standard ...
I hate to make assumptions or to speculate wildly, but … I have a sneaking suspicion that you don’t always understand your contracts. My Hunch? When I wrote this blog in 2013, my evidence was largely anecdotal. It came from: The Expert Although I’m rarely in total agreement with Tony Bingham, a columnist in ...