Month: February 2014

Failure is Your New Best Friend

Contracts should help you do business. But we have to be realistic. Change happens. Risk events occur. Humans are fallible. Most contracts do not anticipate ‘failure’ in stark terms. However, not every project will be a success, especially those which are on the edges of what is currently possible. Is

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Quality: Fit for What Purpose?

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

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Fitness for Purpose: No Guarantee

It is readily accepted that products, goods, components and materials have to be reasonably fit for their purpose. That is, after all, what statute provides (Sale of Goods Act 1979 and The Supply of Goods and Services Act 1982). But does this also extend to something as big as a

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Can You Rely On Special Expertise?

Although implied terms only require you to be averagely competent competent, sometimes ‘reasonable skill and care’ means more than mere competency. Specialists On limited occasions, the courts imply a higher standard of care than ‘average’ but only for self-confessed specialists. Specialist: If a consultant has special knowledge, then she is

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Your Contract’s Hidden Terms: Implied By Cases

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, or from decisions of the courts (known as case law),

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Your Contract’s Hidden terms: Implied by Statute

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 of the

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Your Contract’s Hidden Terms: Implied By Custom

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 decisions of

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Managing Change

Many contracts contain a clause which allows both partners to change the project or its scope as matters progress. Many of the changes are due to: design development ie completing the scant details that existed when the contracts were signed design changes due to the client changing her mind unexpected

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Review Your Contract: Scope

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 services – gets all

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Contracts for Success: Seek Win-Win

One of the issues I have grappled with is whether a contract can result in project success. Can your terms encourage the project team to meet its objectives (the carrot approach) or do they merely provide remedies in the event that those objectives are not met (the stick approach)? If

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