Since 1977 lawyers have talked about the importance in contract formation of the ‘battle of the forms’. What is this and how does it affect you if you are in business? What is ‘the battle of the forms’? Lord Denning coined the phrase ‘battle of the forms’ in Butler Machine
As part of my on-going research into contract writing, I reading Peter Hibberd’s (former Chairman of The Joint Contracts Tribunal) Arbrix paper How Difficult is it to Write a Standard Form Contract? He says: “How difficult is it to write a standard form contract – it depends on what one
The Government Construction Strategy 2025 set out a blueprint of how to create a modern, effective and sustainable construction industry. It’s aim was – through initiatives, policy and legislation – to ensure that: “Construction in 2025 is no longer characterised, as it once was, by late delivery, cost overruns, commercial
According to most professional bodies, you should ‘just say no’ when offered a letter of intent. However, the court recently said that it was not negligent to start a project under a letter of intent. So what advice is there on using letters of intent? One case (Cunningham v Collett)
According to Tony Bingham, the case of West v Finlay [2013], provides “a superb set of guidance notes for every architect.” Despite the case’s length (nearly 400 paragraphs) he recommended in his column that every architect should “go chapter and verse through this case to learn the lessons.” To save
Back in 2012, as part of my research into how to write a contract in just 500 words, I developed my set of minimum requirements for construction contracts. Rather than start with a contract and edit madly, I started with a blank sheet of paper and worked out what I
Liquidated (or delay) damages are pre-set damages (listed in the contract) which make it simpler and quicker to recover compensation when the other party to the contract defaults or commits a breach. One such example is the notice from a hotel chain to charge £100 if a guest smokes in
In order to avoid technical defences to an agreed level of damages (liquidated damages), you should concentrate on making sure the purpose of the clause is made really clear. Compensation In Lorsdvale v Zambia, the question whether the amount was a penalty or a genuine pre-estimate was based on: “whether
Contracts should help you do business. But we have to be realistic. Change happens. Risk events occur. Humans are fallible. Most contracts do not anticipate ‘failure’ in stark terms. However, not every project will be a success, especially those which are on the edges of what is currently possible. Is
Fitness for purpose is a phrase much debated and bandied about. But what does it really mean? What your contract needs If you want your contract to provide a project which is ‘fit for purpose’ you need three things: a contractor responsible for both design and construction (either D&B or