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
21
Feb2017
23
Jan2017
A contract, whether it is a multi-million pound construction project, a structural survey on a house you were buying, or the design of your porch, is there to solve a client's problem.
Client's don't buy drills, they buy a tool to help them create holes. Client's don't buy porches, they buy ... Read More
10
Jan2017
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
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
25
Oct2016
In recent blogs (catastrophic conditions, conditions that don't build trust) and in my fortnightly tip sheet (sign up), I have been ranting about conditions precedent.
Conditions precedent are requirements that must be met before the contract as a whole comes into existence or a specific right ... Read More
18
Oct2016
On a simple house refurbishment project in Putney, London, Mr & Mrs West ended up with an extended house with no proper waterproofing, serious defects in the plumbing and all the newly installed M&E services needing replacing. Disaster!
Although they were relatively unsophisticated clients ie new to the industry, they were ... Read More
30
Aug2016
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
05
Jul2016
Stephen R Covey’s 7 Habits are principles to help you become highly effective. There are astonishing parallels with my specialist area of law - contracts.
In brief, the first six of the 7 habits can be summarised as “make and keep a promise” and “involve others and work out a solution ... Read More