One of the issues I have grappled with is whether a contract can result in project success. Can your terms encourage the project team to meet its objectives (the carrot approach) or do they merely provide remedies in the event that those objectives are not met (the stick approach)? If your ...
As I am a construction lawyer, you will forgive the occasional foray into my specialist subject for clauses of interest. In a collateral warranty for a leisure centre. Warrants, Acknowledges and Undertakes In a collateral warranty relating to the construction of a leisure centre, clause 1 stated: "The Contractor warrants, acknowledges and undertakes that:  ...
Ah, the perils of starting to talk jargon or legalese... and when to stop! I was browsing the CIOB Mini Form of Contract and came across a clause which struck me as badly written. What Does Vitiate Mean? The precise wording is: "no variations to the Contract work shall vitiate the Contract." Does anyone really ...
Many disclaimers (found in terms & conditions and small print) contain far too many words and are jam-packed with technical legal terms. This one is typical but comes from the GOV.UK website. These are well-written and surprisingly readable T&C. Guarantees, Conditions or Warranties The disclaimer starts by stating that the ...
Whether you are a lawyer, business owner or consultant, there are three temptations when writing a contract. They are: This blog reviews temptation 1, typified by using jargon or phrases which you don't really understand. Before using a phrase, please make sure you know precisely what it means and the impact ...
Now for some magic: this blog is about invisible clauses. Implied Terms If your contract does not have enough terms to be workable, clauses can be added (implied) to make it work properly. They can be added as a result of: (1) Custom (2) Laws or statutes (3) Cases on a similar type of contract. At ...
I was asked to sign a contract recently that said it did not create mutual obligations. I refused as that clause showed a fundamental misunderstanding of what a contract does. This was not the first time I had seen this type of clause ... Mutual Obligations A surveyor contact of mine sent ...
My series of 500-Word Contracts™ is designed to encourage the construction industry to rethink its contracts and to challenge the received wisdom of long, wordy contracts. Drafting by Lawyers for Lawyers One of the barriers to good drafting was worrying how the courts would interpret your contract... My lawyer predecessors were conscious that ...