Back in 2021, I worked in a team to simplify the terms and conditions for a global corporate. The principles agreed with the client include: using digits not words for numbers conversational tone ie ‘you’ as provider and ‘we’ as client must or will, instead of shall (due to its
Are you sitting comfortably? Let me tell you a story about a road scheme in Cheshire where I live. The A555 road scheme was finally completed about 3 years ago to provide a link between the A6 and Manchester Airport. Unfortunately, it regularly floods and the road is again shut to traffic. I joked
When it comes to contracts, quality standards can present some real difficulties. Recently, Gary from Luxembourg challenged whether the clause in my sample letter of intent asking a contractor to use reasonable skill and care was ‘good enough’. Do you define an input or output standard? Or do you leave it to
A decade ago we got a supplier in to replace the doors in our house. At one point, Darryl – over 2m tall, burly and holding my housekeys – insisted I write a cheque there and then as final payment. I was too scared to refuse, even though he had not completed
If you own a mobile phone, did you read the terms and conditions before you bought or renewed it? Probably not. Did you even receive a copy of those terms or was it all done by frequent, annoying, and badly-timed calls followed up immediately with confusing emails requiring your e-signature?
You can improve trust in your contracts by creating transparency and clarifying expectations as well by explaining the consequences if the project veers off track. Although I am not generally a fan of using your contracts predominantly to set out what will happen if the project goes wrong, this post
The owners of a new luxury hotel refused to pay their interior design consultant’s bill, alleging defective goods (which she sourced and supplied); but what was the deal and were they right? The first question for the court is always: was there a contract and if so, on what terms?
Let me introduce you to performance bonds. Despite its name, a performance bond doesn’t guarantee performance – the surety promises to pay up to a specific sum for poor performance, provided the employer gives it enough evidence. If you’d like an analogy, think of them as a type of insurance.
If you’re not in the construction industry you may not know what a collateral warranty is. You can think of them as a ‘gift receipt’. If your aunt buys you a new laptop, she might not want you to know how generous she has been, but she does want you to be able to
According to the World Commerce and Contracting Most Negotiated Terms Report 2024, tricky limit on liability clauses get the most attention during contract negotiations, irrespective of who is in charge! Isn’t that odd? Limitations are only ever relevant when there is a legal dispute and therefore rarely make a difference.