Month: October 2016

The Dotted Line: Don’t think cake, think contract

Here is my first Tip Sheet. Every fortnight, you will get tips from my 20 years of wrestling with contracts, as well as ideas on how you can rewrite or negotiate your contracts to make them more user-friendly. Read it here » If you’d like to receive The Dotted Line

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Review: Spotting Conditions Precedent

Conditions precedent [conditions that don’t build trust] are requirements that must be met before either (1) the contract as a whole comes into existence, or (2) a specific right under that contract will apply. Your contract won’t always use the phrase ‘condition precedent’, which makes them harder to spot… Here’s

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Never Shove Your Contracts in a Drawer

Ever since the first standard form contracts were published, there has been a plague on the construction and engineering industries… a plague of contracts. The first construction standard form appeared in 1879 and the first engineering contract in 1903. Fast forward 100 years and we have industries which are unrecognisable

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Lessons from Failure: Have a Contract Strategy

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! When planning and creating their contracts that the clients were failed by

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Making Up For Poor Contract Process?

Getting a contract in place before you provide works, goods, or services is not something the UK construction industry is great at (roughly one-third of projects start without any contract). But I expect more of the companies that sell a simple off-the-shelf product. So when I bought my recent JCT

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Subcontractor Delays: Choose Your Weapon

What should be the contractor’s remedy when a subcontractor is running late? Under freedom to contract, the parties can decide their rights, remedies, obligations and liabilities – they are masters of their contractual fate. The choice is between recovering an uncertain amount provided you can prove breach and loss in

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