What is a watertight contract? In my view it is like the pot of gold at the end of a rainbow - we'd all like it to exist, but it doesn't. Recent examples like Pimlico plumbers, Uber and Oakhurst diary have shown how so-called watertight contracts have been leaking at ...
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 ...
This post sets out the legal requirements and 4 bare minimum content essentials for a construction contract. Even where all of those exist, the courts sometimes decide there is no contract because all the essential terms were not agreed. The terms on which the parties were [of one mind] ...
A US$60m project for a luxury Caribbean resort came to a sorry end for many hundreds of disgruntled customers. Even if your project does not involve cabanas, windswept beaches or multi-million pound deals, you can learn from the lessons of Harlequin and its contractor. Setting the scene The 'startling features' of the ...
It’s been Valentine’s Day this week. When I first carried out my survey of construction contract users in 2014 I was surprised that 30% of respondents said they loved their contracts because they help them do business. Do you? Read it here » If you'd like to receive The Dotted Line ...
As David Chappell says: it is difficult to think of any other cause responsible for more difficulties and disputes in construction contracts than the employer being in a hurry Construction Contracts Q&A, 2011 There are 3 approaches to letters of intent: Follow the guidance from eg the RICS, CIOB and APM and ...
This week I have been mostly reviewing and negotiating consultant agreements and it has produced a bevvy of beauties to discuss. Read it here » If you'd like to receive The Dotted Line directly to your email inbox every second Thursday, simply enter your details here.
Now you know what NOT to do in 2017, I want to help you replace your bad contract habits with good contract habits. Here are five tips to create killer contracts in 2017. Read it here » If you'd like to receive The Dotted Line directly to your email inbox every ...
Although you cannot avoid mandatory legislative requirements, such as the right to suspend or claim interest for late payments, some unscrupulous payers include unenforceable conditions, perhaps hoping the other does not know the law?! Another vexatious approach is to make compliance with a legal right almost impossibly tricky, ...