10

Apr2018

Adopting Four Toltec Agreements

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In ‘The Four Agreements’ Don Miguel Ruiz introduces the wisdom of the Toltecs. Given the title and my specialism, my attention was hooked into how it related to contract law and contract negotiation. He says: “Language is the code for understanding and communication between humans. Every letter, every word in each ... Read More

03

Apr2018

What Can Astronauts Teach Us About Delivering Legal Services?

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Chris Hadfield’s “Guide to Life on Earth”, whilst a compelling view into the life of an astronaut, contains many lessons for those of us who are more earth-bound. He splits his space travels into three distinct phases. These can be applied to legal services as well as extra-terrestrial activities. Whether you ... Read More

14

Feb2018

Love Your Contract

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I have a thing about creating lovable contracts. After all, contracts help you run your business, which helps you make money, which helps you live the life you love. Hence, contracts should be lovable. In Stefania Passera's thesis, she says that a standard, ‘design-free’ reactively drafted contract conveys the impression that no effort was ... Read More

06

Feb2018

Contracts Create Success

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In Stefania Passera's doctoral dissertation "Beyond the wall of contract text" she cites research that has shown that: Clear and implementable contract terms are crucial in building successful [business] relationships Well-structured and well-developed agreements foster better relations Long-term successful relationships require strengthened terms on communication, role clarification and mutual expectations ... Read More

30

Jan2018

Readability and Smart Contracts

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Stefania Passera's doctoral dissertation "Beyond the wall of contract text" (2017) looks primarily at the benefits of contract visualizations. Her conclusions are critical for contract creators like me who believe that the purpose of a contract is not merely to safeguard rights and ensure legal enforcement (see ... Read More

15

Jan2018

Rotten Retention

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5 years ago I wrote a post about whether you could trust an employer with your retention. In the light of Carillion's pending/actual/recent insolvency* (delete according to when you read this), I wanted to clarify the legal position on retention. For simplicity the employer refers to the paying ... Read More

12

Dec2017

Top Tips from 2017

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In my column for Construction Manager Magazine, I have provided a series of tips for anyone reading, writing or reviewing construction contracts. Here's those top tips: Use your contracts as tools to help you complete the project, not as an expensive paper-weight [never shove your contracts in ... Read More

05

Dec2017

Trust in the Supply Chain

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In his Forbes article (the Most Valuable Business Commodity: Trust), David Williams proposed that trust within an organisation existed when 9 behaviours or actions were evident. Six of these apply as much to a construction supply chain as to any member of that supply chain. The behaviours ... Read More

28

Nov2017

Can We Contract for EQ?

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In my post on EQ in Contracts I asked whether any contracts refer to the need for a good standard of emotional intelligence (EQ) for the parties. Good EQ is critical to meet the demands of the construction industry. Elizabeth Kavanagh, head of research and innovation at ... Read More

21

Nov2017

Working in Tandem: Double Trouble or Total Trust?

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Most contracts, whether in the construction industry or not, are based on a 'bilateral' relationship ie two legal people working towards a common goal. This is the bare bones of contracting. As the proud stoker of a mint-green tandem for the last 18 years, the analogy between tandem cycling and contracting ... Read More