Month: July 2017

The Dotted Line: Should we burn our contracts?

Over the summer months each newsletter will focus most of its attention on one of my four themes: showstoppers, trust, dispute avoidance or simplicity. This edition starts with showstoppers. Read the full edition here » If you’d like to receive The Dotted Line directly to your email inbox every second

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Storm of Showstoppers

Showstoppers are A clause or term that could bring negotiations or your contract to a juddering halt Over the past 9 months, my newsletters [sign up] have proposed a series of tips, tools and techniques to spot and solve showstoppers. What should you do? Do you work with or for

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Contractual Eloquence

I have been reading The Elements of Eloquence by Mark Forsyth (author of the Etymologicon) in which he explains and illustrates some of the figures of rhetoric. I was struck by how many of these are beloved of lawyers and contract writers, without their users even being aware that they

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Fit for the future or pandering to the past?

How did we get here? How did we get to the point where contracts in the UK construction industry no longer help companies do business? One of the aims of standard forms was to reduce the time you spend writing, negotiating, assessing risk transfer and pricing your responsibilities on a

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The Dotted Line: Time to come out of the closet

It’s time to come out of the closet – I am not just a contract geek but I have maths degree. Both these have developed my analytical skills and my love of cold hard facts. So I have been checking that the statements I believe about contracts are true. Here

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Process of Writing a Readable Contract

Now you are convinced of the benefits of readable contracts [read more], this post describes a process for writing those contracts with ideas from ‘The Art of Readable Writing’ (1949) by Rudolph Flesch. Effective Writing It is common ground that the [contract] in this case would win no drafting prizes

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