Search Results for: failure

Lessons from failure: get your ducks in a row

Am I the only person who went into construction for the paperwork? If so, it would make a massive difference if others like you could take the time to plan and sign your contracts properly. The NBS Contracts and Law Report 2018 shows 30% of projects start without a contract

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Lessons from failure: check the technical data

I would like you to (1) learn from the failures of others (the quickest, cheapest and least painful approach) and (2) embrace the idea that failure is not optional – it is your best friend. Lesson: check the technical data In November 1999, NASA lost a $125m satellite, the Mars

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Lessons from failure: use simple effective terms

If you are writing a contract, you should really make sure that its terms are simple and effective. You need to ask: do both parties understand what it does? what is it meant to do? does it actually do? when would it apply? how does it transfer risk? Lessons from

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Lessons from failure: agree delay damages

Given the likelihood of delays on a construction project, it makes good commercial and practical sense to pre-agree the compensation that the contractor will pay to the client if it is causes any delay to completion. These are called liquidated and ascertained damages (JCT) or delay damages (NEC). [This blog

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Lessons from failure: contract before works

Which should come first: works or contract? Well you might expect me to say the contract but here’s why… The defective car park In 2001, two companies were trying to agree the terms for a long-term agreement on a variety of projects. One of those projects was in a hurry,

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Lessons from failure: don’t overstay your welcome

The Guardian’s Consumer Champion column told the story of a shopper who had been charged £70 for overstaying at a 90-minute car Aldi car park. Although I have some sympathies with the amount of this charge, the report didn’t tell the whole story of car parking charges… Are you sitting

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Lessons from failure: have a contract strategy

On a simple house refurbishment project in Putney, London, Mr & Mrs West ended up with an extended house with no proper waterproofing, serious defects in the plumbing and all the newly installed M&E services needing replacing. Disaster! When planning and creating their contracts that the clients were failed by

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Failure is your new best friend

Contracts should help you do business. But we have to be realistic. Change happens. Risk events occur. Humans are fallible. Most contracts do not anticipate ‘failure’ in stark terms. However, not every project will be a success, especially those which are on the edges of what is currently possible. Is

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A messy contract divorce

How patient are you? Frankly, I am not sure if my home was in chaos and my son was about to sit important exams, that I’d be very patient at all! But that doesn’t mean I would be contractually ‘in the right’. This lesson comes from a relatively simple refurbishment

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