When you see a pile of presents, do you ever think how much of it will be rubbish or redundant tomorrow? The same goes for contracts. It is only by taking contracts apart clause by clause that you can really tell how much is ineffective ‘wrapping’. Read the full edition
A contract is a legally binding agreement that creates mutual rights and obligations on the contracting parties. A contract not only obliges the contractor to provide specific works or services but also gives the contractor a right to finish those works or services. There are two mechanisms by which contracts
If the other contracting party is in breach, you can can bring a claim for damages to put you in the position you would have been in had the other performed its duties under the contract correctly. Under English law, damages (or compensation) can only be recovered if they are
The Construction Acts 1996 and 2009 introduced a process for payment for construction contracts, based on payment by instalments. However, the Acts also introduced some terms which can confuse you, as all is not what it appears: the due date: this is not the date on which the (sub)contractor can
If you understand the principles on concurrent delay then you might also be aware of the debate whether the contract should define concurrent delay and pass its risk to the contractor. In North Midland v Cyden, the parties amended the standard JCT contract to require: the contractor to make reasonable
The retention is a separate ‘pot’ of money, which increases in line with the price paid to the contractor. Retention is the contractor’s money which the employer kidnaps and holds to ransom until the end of the defects period. According to the 2017 BEIS research paper retention is “is a
According to the data, 75% of clients expect their software projects to fail! Wow… and I thought we had it bad in construction! What should you do? Many of the proposed solutions (link) will also resonate for anyone involved with construction projects: Improve communication Embrace change (both in the project
Serendipity… when you open your book on a crisp autumn Sunday morning (A Brief History of Everyone Who Has Ever Lived) and get the inspiration for your next contract tips? Or when you dig in the corner of a site and find what you had been hoping for? Read the
I love it when ideas from another industry make sense for contracts. Gavin Scott of Loaf training was talking at the Professional Speaking Association about customer service. He said that 34% of client loyalty comes from being easy to deal with. Lightbulb! Contracts are one of the first elements of
Christopher Trudeau (and Christine Cawthorne) have repeated their 2010 study of preferences in legal documents and communication to find out how lawyers can better serve their clients and the wider community. The conclusions? Their 2017 report says: clear legal communication is vitally important legal information is very widespread (with 80%