Designing tools which neither reflect nor understand the user's experience or journey is a foolish waste of time. In the Legal Creatives Academy, I was set a challenge to design a legal tool. I decided to map the payment ...
Legal Frustration There is a English legal doctrine called frustration. It acts to bring a contract prospectively to an end because of the effect of a supervening event ie it ends the contract early. It requires the law to recognise that: without default of either party a contractual duty is now ...
If you understand the principles on concurrent delay then you might also be aware of the debate whether the contract should define concurrent delay and pass its risk to the contractor. In North Midland v Cyden, the parties amended the standard JCT contract to require: the contractor to ...
According to the data, 75% of clients expect their software projects to fail! Wow... and I thought we had it bad in construction! What should you do? Many of the proposed solutions (link) will also resonate for anyone involved with construction projects: Improve communication Embrace change ...
I love it when ideas from another industry make atesense for contracts. Gavin Scott of Loaf training was talking at the Professional Speaking Association about customer service. He said that 34% of client loyalty comes from being easy to deal with. Lightbulb! Contracts are one of the ...
My talk at the 2017 CoMIT Conference (read the live blog) drew parallels between banking and construction because banking was based on trust (hence the term ‘rich as Croesus’ as he mastered the art of trustworthy coins as tools to stimulate commerce in Lydia). The former chair of JCT ...
Although 86% of the audience at the 2017 CoMIT Conference (read the live blog) did not think language was the biggest barrier to digital contracts, we cannot automate our current contracts. The problems include: Jargon: the legal language is one-sided and full of jargon so the obligations are not ...
At the 2017 CoMIT conference (read the live blog), I proposed that the three barriers to moving towards digital contracts were technology, language and conduct. Unsurprisingly for an audience attending a conference on the construction opportunities for mobile IT, 75% said technology would be the first barrier to digital ...