Author: Sarah Fox

EQ in contracts

EQ is a measure of a person’s emotional intelligence. How many contracts make any reference to the need for a good standard of EQ? None? Interestingly some of the key skills for emotional intelligence in business, as mentioned in Dr Lynda Shaw’s book ‘Your Brain is Boss‘ are directly relevant

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The blame game

Dy Lynda Shaw in her book Your Brain is Boss says: So often we do not see or hear accurately what someone is trying to communicate, because we get the gist and fill in the gaps according to our own experience and perception so far. You may recognise some of

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Fool-proof contracts

Good advice when creating contracts: You can draft a contract with the aim of making it either fool-proof (by drafting it in simple terms) or rogue-proof (by drafting complex, detailed terms), but not both This comes from a speech from Max Abrahamson, whose principles of risk management in construction contracts

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Avoid ambiguities at all costs

The UK Supreme Court have recently revisited the thorny issue of fitness for purpose (and millions of Euros depend on the answer). How can you avoid the embarrassment of publication riches afforded by a Supreme Court decision, as well as months in court (the decision was given 8 years after

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Serendipitous simplicity

Simplicity means is best described using this definition of plain language A communication is in plain language if its wording, structure, and design are so clear that the intended audience can easily find what they need, understand what they find, and use that information. Source: International Plain Language Federation So

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Readability and trust

In Verity White’s Secrets of Productive Contracts she says: The easier your contract is to read, the more trustworthy you and your company seem But is it true? Where’s the evidence? My contract tips [sign up] have reviewed some of the issues: Easier to read = easier to use ‘People

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Hunting for a superhero

For 4 years, the annual ARCADIS Global Construction Disputes Survey has concluded that the number 1 cause of disputes on construction projects is due to contract administration. When will we manage to avoid these pitfalls? Many of the causes of avoidable disputes are issues we have highlighted such as: Poor

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Disastrous disputes

Weirdly, avoiding disputes does not seem to be a key factor driving the drafting of contracts (although PPC2000 might be an exception). However, given the rising cost and time involved in resolving disputes, as well as the damage to reputations and the sustainability of a company, it should be. My

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Your contract pains

I love the idea that we could create contracts that ordinary people will read, understand and use. Verity White’s Secret of Productive Contracts is another step in the right direction. Verity’s focus is on paperless contracts to speed up the contracting process. I was both delighted and a little bemused

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Tantalising trust

According to Stephen MR Covey, in the Speed of Trust: Trust is a function of two things: character and competence. Character includes your integrity, your motive, your intent with people. Competence includes your capabilities, your skills, your results, your track record. My top tip is to commit in your contract

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