Month: May 2018

Digital Contracts: Language

Although 86% of the audience at the 2017 CoMIT Conference (read the live blog) did not think language was the biggest barrier to digital contracts, we cannot automate our current contracts. The problems include: Jargon: the legal language is one-sided and full of jargon so the obligations are not universally

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Digital Contracts: Technology

At the 2017 CoMIT conference (read the live blog), I proposed that the three barriers to moving towards digital contracts were technology, language and conduct. Unsurprisingly for an audience attending a conference on the construction opportunities for mobile IT, 75% said technology would be the first barrier to digital contracts

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The Dotted Line: Carrots vs sticks

Sir Matt Busby’s first contract as a manager for Manchester United required him to “further the quality of play of the teams and the attractiveness of their football”. It’s not just about goals scored? This got me thinking about how you define success in your contracts. Read the full edition

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Review Your Scope: Is It Included?

To work out whether works, goods or services are ‘extra’ ie a change to the original scope, you need to know the original scope of the works as well as how your contract defines changes/variations/extras. However, the definition of a change varies from pretty wide (eg JCT), to narrow (MF/1)

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The Dotted Line: Are you putting lipstick on a pig?

Once you’ve created human-readable lovable contracts (as discussed in recent editions) then you can learn how they can be digitised. But to avoid putting lipstick on a pig, you need to simplify before you automate. Read the full edition here » If you want to know whether construction can and

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Review Your Contract: No Need!

Frankly there are some clauses in contracts which are little more than plastering over the cracks in poor relationships or in the pre-contract process. When reviewing your contract you should beware any of my ‘favourites’ (I use that term loosely): cancellation ‘we can terminate your contract if you don’t have

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Winning the Contract Battle

Although we have had enforceable contracts in English law for 150+ years, the process by which they are formed remains something of a mystery. Our contract processes have been called ‘haphazard’, our approach ‘cavalier’, and we get stuck in endless games of email contract tennis. One way to resolve some

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