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
02
May2017
03
May2016
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
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
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
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
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
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
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
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
23
Jan2014
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