Month: September 2016

Unenforceable Conditions

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

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Catastrophic Conditions Precedent

Last week I was working with a specialist subcontractor client to improve their management of contractual risk (as their MD put it). As part of a workshop on Contract Awareness, I asked various staff to read a variety of T&C and answer questions such as: when are you going to

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What is a SMART contract?

The term SMART contract means a computer protocol. Contract process As the diagram shows, the three ages of contracting are: plan (inception): from verification to tendering make (creation): from contract choice to award/completion use (operation): from contract to dispute management SMART contracts should be able to deal with all these

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