Showstoppers are A clause or term that could bring negotiations or your contract to a juddering halt Over the past 9 months, my newsletters (sign up) have proposed a series of tips, tools and techniques to spot and solve showstoppers. Here's my top 10: Do you work with or for your ...
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Now you are convinced of the benefits of readable contracts (read more), this post describes a process for writing those contracts with ideas from The Art of Readable Writing' (1949) by Rudolph Flesch. Contract Writing as a Process "It is common ground that the [contract] in this case would win ...
In 'the Art of Readable Writing' (1949) Rudolph Flesch provides advice that applies to writers of legal documents as well as blog posts, books, and other media. Here are some of his tips, with relevant legal examples, to help you write contracts that others can read, understand and use. Benefits of ...
An indemnity is a promise to pay A's losses if a trigger event occurs (read more in my Pulse post). But how do they pass risk on construction projects? If someone else fails to spot your defective work, does it reduce the amount of your indemnity? No. In Greenwich Millennium ...
When a court or tribunal interprets your carefully crafted (ahem) contract, it doesn't ask your opinion. It reviews the written terms to analyse "what a reasonable person having all the [parties' then] background knowledge... would have understood... the language in the contract to mean". As you are masters of your contractual ...
Contracts win prizes, although not in this case... It is common ground that the Deed of Variation in this case would win no drafting prizes for precision or clarity. It included errors ... which are acknowledged by both sides, and it also struggled to convey the essential agreement reached between the ...
Clarity and legibility in contractual language is widely recognised as desirable in its own right but [the Consumer Rights Act] goes beyond promoting that objective as an end in itself … the transparency provisions in the Act have to be understood as demanding ‘transparency’ in the full sense. If ...
Getting a contract wet signed (pen & ink) is becoming increasingly difficult when many clients are virtual, businesses do not have offices and the cost of postage outweighs the benefits. In the construction industry, parties often start with the intention of getting a signed contract, but these good intentions are overtaken ...
It is trite law that in order to have a building contract you usually need agreement as to parties, workscope, price and time It is reasonably easy (IMHO) to find correspondence, acts or calls which create the offer and acceptance, consideration and intention needed to create a contract. Even when those requirements ...