Month: October 2023

Essential 5: Quality

Many disputes in the construction industry are about the quality of the finished project. Did it meet the parties’ explicit and implicit expectations and objectives? To take just a few examples: Should a TV mast have remained standing on Emley Moor, Yorkshire so it could transmit TV signals in snow

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Essential 4: Price

Payment has always been a major cause of friction for construction projects – greater transparency and fairness for suppliers was one of the drivers behind the Construction Acts 1996 and 2009. Many construction disputes, especially adjudications, revolve around whether the supplier has been paid what it believes is a ‘fair’

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Essential 3: Time

At least one-third of UK construction projects finish late – not against their initial schedule but against the extended one! What this means is that time is less important – or at least less prioritised – than time or money. [You do need to determine which is the client’s key

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Essential 2: Scope

Your contract is the tool that will enable you/your client to get specialist goods, works or services to meet a particular need. You/your client will want to know what goods, works or services the supplier is providing, that it is competent to provide them, and that those works will help

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Essential 1: Parties

Recording the identity of the parties accurately in your subcontract is the easiest part of writing your contract. It really doesn’t matter who they are. In English law you are free to contract with just about anyone (as long as they have legal capacity). For building contracts (full or letter

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Use a simple letter of intent to avoid disputes

The annual ARCADIS Global Disputes Reports consistently link construction disputes with failures to: Administer the contract properly (i.e. run the project) Understand or comply with the contract’s obligations Use the procedures in the contract. If you create a letter of intent that is easy to read, easy to understand and

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Use a simple letter of intent for precision

Like any contract, your letter of intent should accurately, briefly and concisely describe what the parties have agreed. Essentially, using a letter of intent means the parties have not agreed all the commercial aspects for the project, or all the legal terms for the full contract. The parties have agreed

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