31

Oct2017

ABC for ABC

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The rule for simplicity (read more) is accuracy, brevity and clarity as neatly espoused by Joseph Pulitzer: Put it to them briefly so they will read it, clearly so they will appreciate it, picturesquely so they will remember it and, above all, accurately so they will be guided by ... Read More

24

Oct2017

Clear Communication

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Clear communication means that users can understand what they have to do, when they have to do it, and change their behaviour accordingly. If you want to remove the padding in your communication or in your contracts then you should: work out who your reader, audience or user is work ... Read More

10

Oct2017

Negotiating for Win-Win

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Negotiation tactics commonly used in the construction industry are a mix of psychological manoeuvres to get the best deal, ploys designed to change the other’s perception of their power and game plays that pressurise you to reduce your expectations. In this post, Derek Arden, author of Win-Win, How to ... Read More

03

Oct2017

EQ in Contracts

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EQ is a measure of a person's emotional intelligence. How many contracts make any reference to the need for a good standard of EQ? None? Interestingly some of the key skills for emotional intelligence in business, as mentioned in Dr Lynda Shaw's book 'Your Brain is Boss' are directly relevant to ... Read More

12

Sep2017

Fool-proof contracts

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Bear this in mind when creating contracts: You can draft a contract with the aim of making it either fool-proof (by drafting it in simple terms) or rogue-proof (by drafting complex, detailed terms), but not both This comes from a speech from Max Abrahamson, whose principles of risk management in construction contracts ... Read More

22

Aug2017

Readability and Trust

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In Verity White's Secrets of Productive Contracts she says: The easier your contract is to read, the more trustworthy you and your company seem But is it true? In recent newsletters (sign up here) I have looked at some of the evidence relating to documents which are easier to read: ... Read More

08

Aug2017

Your Contract Pains

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I love the idea that we could create contracts that ordinary people will read, understand and use. Verity White's Secret of Productive Contracts is another step in the right direction. Verity's focus is on paperless contracts to speed up the contracting process. I was both delighted and a little bemused when I ... Read More

01

Aug2017

Tantalising Trust

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According to Stephen MR Covey, in the Speed of Trust: Trust is a function of two things: character and competence. Character includes your integrity, your motive, your intent with people. Competence includes your capabilities, your skills, your results, your track record. My top tip for 2017 (19 Jan) is to ... Read More

27

Jun2017

The Art of Writing a Readable Contract

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In 'the Art of Readable Writing' (1949) Rudolph Flesch provides advice that applies to writers of legal documents as well as blog posts, books, and other media. Here are some of his tips, with relevant legal examples, to help you write contracts that others can read, understand and use. Benefits of ... Read More

20

Jun2017

Copying Right

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Most consultant appointments allow a licence for your client to use your drawings and designs for the Project for which you created them;; and if your client uses them for other purposes then you are not liable for such use. How 'the Project' is defined will affect how your client can ... Read More