Month: November 2017

Can We Contract for EQ?

In EQ in Contracts I asked whether any contracts refer to the need for a good standard of emotional intelligence (EQ) for the parties. Good EQ is critical to meet the demands of the construction industry. Elizabeth Kavanagh, head of research and innovation at Stride Treglown, emailed to say that

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The Dotted Line: Who do you trust?

My fortnightly tips are intended to build your confidence in the skills you need to write, understand and use contracts. After a couple of bad experiences with clients who turned my trust into trouble, I decided there had to be another way to run my business. My decision to work

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Working in Tandem: Double Trouble or Total Trust?

Most contracts, whether in the construction industry or not, are based on a ‘bilateral’ relationship i.e. two legal people working towards a common goal. This is the bare bones of contracting. As the proud stoker of a tandem for the last 18 years, the analogy between tandem cycling and contracting

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Simplify Your Contract Strategy

The organisation Clarity is brimming with lovely lawyers and legal consultants fascinated by how we can simplify legal documents and overcome the barriers to changing traditional drafting. After a recent meeting, Cathy Wilcox introduced me to the Pathclearer project, and its developer – Steve Weatherley then Head of Legal at

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Great Things Come in Small Packages

David Hyner is terrified by detail, and Mike Pagan believes that contracts can be watertight, so how would they find talking to a construction contract lawyer? In my coffee shop podcast with YourBFG they asked me for my ‘mantra’ that kept me going… I remembered my mother’s words to create

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Shall Must or Will

Much has been written about the words that contract writers should adopt to portray an obligation. Is it shall, must or will? Here’s a summary of the expert views: Ken Adams proposes a disciplined use of shall (banishing shall from business contracts) with must and will for non-party obligations or

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