Money… in the form of late, incomplete or missed payments is one of the biggest causes of dispute (World Commerce and Contracting Most Negotiated Terms Report 2022). It is critical that both parties to a deal know: when, to which individual and in what format the supplier must apply for
If your contractual relationship starts to deterioriate and it feels like a dispute is brewing, you may be able to rely on your contract. A good contract will provide a clear roadmap for how you can resolve any niggles, rows or disputes, while trying to keep your relationship from failing
Build UK has set out its list of six unacceptable terms for UK construction contracts: fitness for purpose – should not be included except in the process sector [where it is modified by testing and limits on liability] unquantifiable risks – certain items should not be a contractor risk where
It’s not enough to have great content if you don’t provide it at the time you are completing a deal – don’t sabotage your good intentions by leaving it too late. After all, once your content is great you don’t have to hide it any more. Read the full edition
Although not common in the construction sector, contractual jargon which regularly confuses users is an ‘endeavours’ obligation. Like reasonable skill and care, this is an input standard – often subjective, qualified and tricky to prove. But what is the difference between best endeavours and reasonable endeavours? A spectrum of inputs
In a 2022 case concerning a £154m energy from waste EPC (engineer, procure, construct) project the court had to review the relevant contemporaneous evidence and key legal documents. The court noted that the EPC contract and its schedules run to 7,259 pages. The Outotec subcontract is less complex at 564
No-one really likes disputes (except a few claims consultants or lawyers). So why don’t we spend more time engineering them out of construction? As HHJ Brian Preston said The best way to resolve to a dispute is to pre-empt it and not have the dispute in the first place… A
For your business to thrive, you need to foster trust with clients while ensuring you’re covered contractually. But how do you do it? In this post, we’ll explore everything you need to know about using your proposal to create trust. 4 tips for better proposals 1. Use your proposal as
After 26 editions on improving your contract content, you may be wondering what’s next. It’s not enough to have great content if you never get it agreed. There are so many stages of the contracting process that it is relatively common to sabotage your good intentions. Read the full edition
One of the issues relating to letters of intent is whether the intended standard form contract’s terms apply before that contract is signed. Let’s consider some of the typical ways the paying party seeks to introduce those terms and what the courts have said about whether that attempt works. Current