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Home Contracting Review

02

May2017

Contracts Win Prizes for Clarity

0   0  
May 2, 2017
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 ... Read More

03

May2016

What’s in a Name? An Irish Letter of Intent

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May 3, 2016
When discussing letters of intent, this blog has so far focused almost exclusively on the current (dire) examples in use in the UK construction industry. These are mostly a mish mash of types of contract, cobbled together and sent with fingers firmly crossed behind the sender's back. After talks on letters ... Read More

25

Jan2016

Review Your Contract: Use STAR

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January 25, 2016
Do you have a ‘haphazard’ or ‘cavalier’ approach to the terms of your contracts? Back in 2011, the OFT found evidence that contract users did not "properly assess the transaction or deal they enter into." It is not a luxury to make sure your contract helps you do business, and the ... Read More

20

May2015

NEC3 Digested and Condensed

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May 20, 2015
Many people choose a construction contract not for its cost, nor for its fine words, but for their familiarity with the terms and conditions. Although one of the shorter standard forms, what if we could condense NEC... what should it say? No précis of NEC3 could omit its principal feature: the ... Read More

19

Feb2014

Quality: Fit for What Purpose?

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February 19, 2014
Fitness for purpose is a phrase much debated and bandied about. But what does it really mean? What your contract needs If you want your contract to provide a project which is 'fit for purpose' you need three things: a contractor responsible for both design and construction (either D&B or traditional with ... Read More

12

Feb2014

Your Contract’s Hidden terms: Implied by Statute

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February 12, 2014
However well-drafted your contract is, there are some terms you cannot avoid and which may be added into your contract. Implied terms can be added to your contract, without your knowledge. They can arise from custom, be imposed by statute (legislation, laws, rules and regulations), or from decisions ... Read More

11

Feb2014

Your Contract’s Hidden Terms: Implied By Custom

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February 11, 2014
However well-drafted your contract is, there are some terms you cannot avoid and which may be added into your contract. Implied terms can be added to your contract, without your knowledge. They can arise from custom or practice (general, mercantile or local), be imposed by statute, or from ... Read More

07

Feb2014

Review Your Contract: Scope

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February 7, 2014
The first element in my STAR analysis is Scope. When reviewing a contract, it is critical that the obligations of both partners are clearly set out. Often the provider - the company providing the goods, materials, and plant or carrying out the works or performing the ... Read More

04

Feb2014

Review Your Contract: Key Aim

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February 4, 2014
In most contracts, there is a balance to be struck between 3 key aims: time, cost and quality. It is impossible to have the best of all three. The British Library project is a great example of when the decision-makers chose quality as their priority, sometimes without thinking ... Read More
Reasonable Risk

23

Jan2014

Review Your Contract: Risk

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January 23, 2014
The final element in my STAR analysis is Risk. Risk v Reward When reviewing your contract, you need to strike a balance between risk and reward (harm v benefits). Risk is inextricably linked to price and cost. If your deal seems too good to be true, it often is! In construction, ... Read More
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Feb
The Dotted Line: Focus
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