Blog

Tried and Tested

Do you want a tried and tested contract? Really? Tried before the courts because it wasn’t clear enough? Tested by years of use and abuse [read Ken Adams’ view on tested language in contracts]? One of those contracts which surveys have held stoke mistrust? Or one of the ones which

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What No Retention?

Retention has had its day… Unjustified late and non-payment of a retention is unacceptable BEIS Report October 2017 Or perhaps that is wishful thinking? Build UK is implementing the Construction Supply Chain Payment Charter to move to zero retentions by 2025 (although some more enlightened employers like Network Rail have

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The Dotted Line: No. No. No. No. No.

The surveyor arrived to check our measurements and handed me an envelope, with an embarrassed shrug, saying ‘It’s just your contract. You don’t need to read it or do anything with it.’ No. No. No. No. No. We might only be replacing our misted double glazing with triple glazing (a

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What Have You Forgotten?

When you write your own contract (possibly cobbling together clauses and copying and pasting paragraphs from other contracts, the internet or elsewhere) you may find that you haven’t actually covered all the essentials. I have worked with a few companies in the construction industry who have created their own contract

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What Is User-Centred Law?

A key aspect of legal design, is the concept of user-centred law. As Tessa Manuello says ‘Most legal service delivery has been designed for a world that no longer exists‘. User-centred law adapts existing legal services and systems to meet the users’ needs, rather than trying to adapt users to

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The Dotted Line: Surprise! Surprise!

The recent weekend was a significant one: my partner celebrated his 50th birthday and we celebrated 25 years since I asked him to marry me. We got engaged on a rollercoaster (one of the rickety wooden ones) in Blackpool, but this edition of the Dotted Line is not about rollercoasters.

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What is legal design?

As with any new discipline, there are many ways of defining legal design. It is: A movement to make law more accessible, usable and engaging (Emma Jelley) A merger of legal and design thinking to improve processes and outcomes (Helena Haapio) Preventing legal problems and empowering the users (Stefania Passera)

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Culture change for BIM

The Cultural Impact of Implementing Building Information Modelling (BIM) in the UK Construction Industry (Andrew Johnson) confirms that using BIM requires a fundamental change in working style, which is a massive cultural shift from an adversarial culture to a collaborative culture. BIM requires all project partners to: collaborate, share data,

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The Dotted Line: What are your values?

On Palm Sunday a good friend of mine, Joy Marsden, died suddenly after a very short illness. She was President of the Professional Speaking Association (I had the privilege to become a Fellow during her tenure). She was also a client. You can learn a great deal about someone’s values

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Beware time-bar provisions

Adjudication is sometimes described as a rough and ready from of speedy dispute resolution and is mandatory for certain construction contracts in the UK. Where it is mandatory it can be commenced at any time. Where the contract does not come within the mandatory statutory requirements, eg for a residential

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