Month: June 2018

Fitness for Purpose aka Promising the Impossible

One of the contract traps for anyone providing construction works is a fitness for purpose obligation. This type of strict liability output obligation is rarely expressly included in a construction contract* (one of the arguments being that it is not covered by standard insurances). However… Fit for furpose Whenever I

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The Dotted Line: Success!

As you know I want you to use contracts for success. Success on a project doesn’t just mean achieving the project aims (the unholy trinity of time, cost and quality). It means doing so without falling out with your clients and suppliers! Read the full edition here » If you’d

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Review Your Contract: Recognise Traps

According to a Brief History of Cunning (podcast), Machiavelli said: one must be a fox to recognise traps and a lion to recognise wolves This struck a chord because as a contracts expert, one of my services is to review contracts on behalf of contractor and specialist subcontractors to identify

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Avoid Disputes with Wedding Cakes

Having considered the importance of clarity and records in avoiding disputes (both easier said than done), Susannah’s last post reviews the role of contract clauses that set out a series of dispute resolution options. These are tiered procedures, hence their nickname ‘wedding cake clauses’. Although you cannot avoid a dispute

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Avoid Disputes with Records

Having considered how a clear contract can help you avoid disputes, Susannah Lee, an expert disputes solicitor,  looks at how disputes can be won and lost with records. Records are an essential (if boring) part of contract management. Max Abrahamson wrote A party to a dispute… will learn three lessons

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Avoid Disputes With Clear Contracts

In the first of series of 3 posts, Susannah Lee, an expert disputes solicitor,  looks at how clarity in your contract can help avoid disputes – which cause long term damage to your skilfully nurtured business relationships.  Construction projects are prone to disputes because of their technical, procedural and managerial

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Digital Contracts: Conduct

My talk at the 2017 CoMIT Conference (read the live blog) drew parallels between banking and construction because banking was based on trust (hence the term ‘rich as Croesus’ as he mastered the art of trustworthy coins as tools to stimulate commerce in Lydia). The former chair of JCT said

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