Author: Sarah Fox

Benefits of AI for deals

In 2023 there was a huge buzz about ChatGPT, a new type of generative AI tool. Other tools swiftly followed. Most of the contract professionals, contract writers and lawyers were testing its capability, including asking it to write contracts… but there were glitches in the outputs. Although many of those

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Incorporating T&C into LOI

A letter of intent is a specialised form of short form contract in the style of a letter. It is widely used in the UK construction sector to get a project started with the minimum of paperwork. Most letters of intent include a variety of elements: a request to provide

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Doing deals badly

The process of getting a deal done should be simple – but somehow we often far more complex than it needs to be… through time pressures, through inconsistency, or through burying our heads! In a recent English court case (CLS Civil v WJG Evans), the buyer and the supplier tied

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What does success look like?

It is relatively simple to work out what the success of a project looks like. For a construction project, the focus will be on the core aims of time, cost and quality, and more recently wider issues such as environmental, social or governance (ESG). A construction project score might rate

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Only if you comply

When considering UK construction standard form contracts, it has been clear to most users that the NEC suite contains a condition precedent or time-bar clause, whilst the JCT suite does not. Conditions precedent under the JCT suite Strictly speaking, that view has not been true since Walter Lilly v Mackay

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The pompous pedestal?

Lawyers are coached into an ‘unnatural way of being’ (according to Elizabeth de Stadler of Novcon) which covers how they behave in meetings, how they interact with colleagues and clients and how they write – from emails to contracts. She says we need to unlearn those behaviours as they create

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Relational contracts for better relationships

At the 2023 World Commerce and Contracting Summit, Elizabeth de Stadler from Novcon said: we should not lose sight of what we are actually here to do: which after all is to… help clients to form relationships and to define the rules of those relationships in a way that is

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It’s not (just) about beauty

You and I both know that contracts (T&C, agreements, legal documents etc) in their traditional sense are not usable. They are drafted in a way which means understanding and use is reserved for experts or technicians in the law. They are written by lawyers for lawyers. But as Tessa Manuello

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Limiting letters of intent

Financial limits in letters of intent are used to protect the client – because they rarely include a fixed price and are relying on ‘reasonable costs’ – and as an incentive for the contractor to sign the full contract.   These limits on the client’s liability to pay for works are

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Using contracts to share risk

The risks on a project, as well as the rewards, need to be shared equitably. Contracts have a significant role to play in what is sometimes referred to as managing with risk ie going ahead with a project while accepting that there will always be a degree of uncertainty… and

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