21

Mar2017

Signature not Required

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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 ... Read More

21

Feb2017

Agree with a Handshake?

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Alan Sugar once said: I have always been an honest trader. I come from a school of traders where there was honour in the deal. No contracts, just a handshake and that's it, done. That's the way I prefer to do business... My post from 2013, What If You... Relied on ... Read More

10

Jan2017

Defects Period or Maintenance Contract?

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When you are a subcontractor, you are often on the receiving end of bespoke subcontracts, under which the contractor is trying to pass all its risk (and more) to your company. I recommend getting these contracts checked as they can hide some seriously unusual terms. Deep in a subcontract this ... Read More

03

Jan2017

Contractual Bullying

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In previous posts, I have highlighted attempts to avoid mandatory legislative requirements such as the right to suspend or claim interest for late payments by including unenforceable conditions in a contract (in the hope your contract partner does not know the law?). Another rather underhand approach to contracts is ... Read More

29

Nov2016

Does Your Limit Apply?

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I recently ordered a new office chair for 'next day delivery'. After a month of chasing, broken promises and issues with their supplier, I asked WS Company to refund my money and compensate me for their failure. WS customer services staff said they would not pay any compensation as their ... Read More

27

Sep2016

Unenforceable Conditions

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When writing a contract, you may be tempted to use the kitchen sink approach ie shove in terms that you like... irrespective of whether they: help you do business build trust create clarity manage expectations avoid disputes One type of term, which surely meets none of these aims for a contract, ... Read More

30

Aug2016

Clauses That Don’t Build Trust: Conditions Precedent

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Earlier this year, a member of my audience at a RICS event asked how he should proceed to write a contract if he didn't trust 'them' (also known as 'the other side'). I was momentarily stunned into silence, which is unusual for a speaker. My answer was simple: "If you don't ... Read More

01

Jul2016

Using Letters of Intent Successfully

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To make letters of intent really work for you, you need a fast but fool-proof process. There are two critical stages: what you do before you send a letter of intent and what you do after. Before You Send It You should check whether the letter of intent you need to send ... Read More

03

May2016

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

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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

30

Mar2016

Simplest is Best

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As the judge in Twintec v Volkerfitzpatrick said: As with so many things, the simplest solution is often the best When you next write a collateral warranty, construction contract or letter of intent, keep it simple. The survey of contract users reported in the 1995 Latham Report proposed that simple contracts would solve ... Read More