To work out whether works, goods or services are ‘extra’ ie a change to the original scope, you need to know (1) the extent of the original scope as well as (2) how your contract defines changes/variations/extras – this can be pretty wide (eg JCT), narrow (MF/1), or non-existent (NEC).
Frankly there are some clauses in contracts which are little more than plastering over the cracks in poor relationships or in the pre-contract process. When reviewing your contract you should beware any of my ‘favourites’ (I use that term loosely): cancellation ‘we can terminate your contract if you don’t have
Although we have had enforceable contracts in English law for 150+ years, the process by which they are formed remains something of a mystery. Our contract processes have been called ‘haphazard’, our approach ‘cavalier’, and we get stuck in endless games of email contract tennis. One way to resolve some
Once you have signed on the dotted line, one of the big issues is how that contract can adapt to reflect your client’s changes of mind. Projects rarely pan out the way we expect or intend… Read the full edition here » If you want to know whether your change
The 2018 TSB online banking saga has once again highlighted the issue of wriggle room in contracts. Wriggling in court Before specialising in advising on contract strategy and writing/negotiating contracts, I had the pleasure of winning a case in the Court of Appeal. It involved what I call ‘advanced wriggling.’
This is the best contract I have ever received if at any time you are not happy with my services, we can walk away and I will not charge you. It said everything I needed to hear succinctly and clearly. Your contract needs to state the scope of your services,
Nearly 90% of businesses find their contracts difficult or impossible to understand (source). If you’ve been following the tips in my last two editions your contracts should be human-readable and lovable. Now how do you make them work for you? Read the full edition here » Are you ready to
In ‘The Four Agreements’ Don Miguel Ruiz introduces the wisdom of the Toltecs. Given the title and my specialism, my attention was hooked into how it related to contract law and contract negotiation. He says: “Language is the code for understanding and communication between humans. Every letter, every word in
Chris Hadfield’s ‘Guide to Life on Earth’, whilst a compelling view into the life of an astronaut, contains lessons for mere mortals. Space travels involves 3 distinct phases, which we can also use for any legal transaction: Pre-Launch: the preparation phase. His preparation phase lasted tens of years. This is
The Dotted Line is intended to give you the confidence to read, understand and use simple contracts. Once you’ve created human-readable contracts (not necessarily edible) then you need to focus on making them lovable. Read the full edition here » To create that simple lovable content, think cake! If you’d