Author: Sarah Fox

The Dotted Line: Guilty!

Guilty as charged! I am been in breach of my ‘contract’ with you – I failed to send my fortnightly contract tips as my life was turned upside down with family issues. Normal service will be resumed shortly… Read the full edition here » How can you avoid sticky situations

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Contracts: classic cognitive overload

Have you ever read something for a particular interest or need, and realised it applied to your pet topic? That’s what’s happening as I read Presentation Genius by Simon Raybould. Although it’s about how you can become a presentation genius, it has plenty of applications to contracts. This post looks

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Needless long words

I have read dozens of academic papers, I am often struck by how they morph into technical jargon and long words. I was told by one lecturer that they have to be impenetrable “it’s what’s expected”! Heck, I even wrote one myself on limits and incentives in letters of intent

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Hoorah for clauses

Hoorah! Not for Santa clauses (!)… instead I am referring to the means contact writers have for splitting the huge amount of data in a construction contract into manageable chunks. From studies by Miller in the fifties, it has long been known that we have a limited span of working

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Contracts: which meaning prevails?

What does your contract mean? Perhaps not what you intended… Words vs Purpose The courts interpret contracts based on examining each word (the literal approach focusing on language) and business common sense (the ‘purposive’ approach focusing on practical implications). Although language should be the surest guide as to what the

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The Dotted Line: Why bother?

It is nearly my second anniversary for my newsletter, and – whether you are a new subscriber or have read each edition –I’d love to know whether you have more confidence with contracts. Click here to let me know » Read the full edition here » If you want to

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Fitness for purpose under IChemE contracts

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the IChemE

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Fitness for purpose under MF/1

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the MF/1

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Fitness for purpose under NEC4

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the NEC4

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Fitness for purpose under FIDIC contracts

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the FIDIC

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