Author: Sarah Fox

Wise up to subject to contract

In your quote, estimate or proposal, do you say it is ‘subject to contract? Would you have an email footer saying ‘Any offers made in an email or attachments are subject to contract’? Do you even really know what this phrase means? When I first practised as a lawyer, lots

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Risks with subcontract indemnities

Subcontracts are used throughout the modern global economy. On a construction project they enable a contractor to buy in expertise. The contractor stays legally responsible for carrying out all its scope of works, and will try and safeguard its position by mirroring key obligations, processes, and quality requirements from the main

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Copying a contract

Did you or someone in your team ask another company for a copy of their terms so you could copy it/ be inspired by it/ steal ideas with pride? I know quite a few companies whose terms were ‘borrowed’ from a previous business, supplier, competitor, or employer. Bad for business

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Rights to suspend

How are you at treading the high-wire? Whilst it may not seem relevant, I’m asking because high-wire acrobatics is nearly as hard as treading the fine line between suspending works and abandoning the project. Because of this, my 500-word contracts do not include a right to suspend carrying out works

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Splitting up – cancellation terms

The purpose of a contract is to give you both the right and the duty to provide the entire scope envisaged in your agreement ie all the agreed goods, works and/or services. But what if you want to split up before then? As my book on Small Works says As all construction projects

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Delete lame clauses

I first came across lame clauses in 1995 when I read the back of a bungee jump ‘certificate’ and realised participants had effectively signed their lives away! More recently, my teenage sons signed up for an unexpected engineering task when they agreed to the safety rules for the mountain carts

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Change consequences

A few decades ago, we were ‘played’ as tourists at an Edinburgh restaurant during the Festival. Steve, our knowledgeable host, ordered a specific bottle of wine. When the waiter returned, he said that wine was not available but suggested a ‘similar’ one. As a canny diner, Steve asked the price,

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Confidence with contracts

Simpler contracts have loads of benefits and will reduce admin time, minimise quibbling, manage expectations, safeguard your business, speed up the process of finalising a deal, enhance trust, avoid disputes and so on. This post brings together some videos which will help give you more confidence with your contracts. Alternatively,

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Effective change process

A few years ago, we took our kids to Paris and promised them a trip up the Eiffel Tower. Our timing could not have been worse… it was mother’s day and the Tower was rammed. As the queues for the lifts were extensive, and we’d have ended waiting for hours,

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Benefits of simplicity

A wide variety of global corporates are creating simpler contracts – to speed up transactions and to enable them to do business with SMEs. Many start-ups, innovators and niche specialists simply cannot afford the time/energy/money to review long complex contracts. The problem Many of the issues related to complex contracts are

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