Month: December 2016

The Dotted Line: St Nicholas is not real

Happy Christmas! I know you are all ‘demob happy’ and waiting for the holidays to start so I thought we’d start on a lighter note. In October, I performed a stand-up comedy routine about Santa and the fact that I was changing our family contract to “St Nicholas is not

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What Are Your Defect Duties?

Any client needs to ensure that the works meet the contractual quality standards for goods, design and workmanship. Defects can be spotted and made good in three separate phases: During Construction The contract administrator must identify visible defects and exercise her powers before completion and ensures that issues relating to

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What is a Defect?

Defects will occur in buildings. It is one of the great certainties in construction, the equivalent of death and taxes in life more generally Defining a defect Generally a defect is anything which renders the [works] unfit for the use for which it is intended, when used in a reasonable

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When Will You Get Paid?

When was the last time you really read your T&C? It can be a shocking experience. One of my favourite exercises, in my Contract Awareness workshop, is to ask a company to review in detail some of the potential showstoppers in typical T&C that they have signed. This often leads

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The Dotted Line: When do you want to get paid?

Standing Rock provided this weekend’s monumental showstopper. The US Army Corps of Engineers refused to grant the easement (permission to use someone else’s land) for the US$4bn pipeline in Dakota, USA. The rollercoaster fortunes of this project highlight the need to consider the interests of a wide range of stakeholders

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What Does It Mean?

Courts are regularly called upon to interpret contracts ie work out what they and their terms mean. You can avoid these sort of complex, circular or meaningless arguments by writing down clearly and simply what you have agreed. The court tends to apply a mix of the actual words (a

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