Category: Contracts

Are you ready to make digital contracts?

Rather than blinding leaping onto the digital bandwagon, STOP! Let’s consider if you are ready for or even need digital contracts. I’ve been speaking to Mo Shana’a from Morta regarding questions he asks a company to see if they are motivated to change their current ways of working. Imposed changes

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Are digital contracts legal?

There is no specific format for contracts under English law. They can be verbal, written or in any other format. Five essentials A hasty scribble on a serviette can form a legally-binding contract, providing it covers the five essential elements (English law): Offer to do something Acceptance of that offer

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What You Need to Know About Getting Paid

Cashflow is King. Yet getting paid is a perennial problem across all projects, sectors and countries. But do you know how bad it really is? Global data According to the IACCM 2015 Report Payment Terms: Do Large Companies Abuse their Power?: 51% companies find that negotiating payment terms is becoming

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What Can a Client Recover under IChemE Red Book?

As my introductory post on IChemE sets out, there are some significant limits under the Red Book on the rights of the purchaser to recover losses. What can you do about it? This post considers the purchaser’s remedies. Remedies As the purchaser – either yourself or through the project manager

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Role of the PM under the IChemE Red Book

The role of the Project Manager under the Red Book is a balancing act (like any contract administrator). Firstly, they act as agent for the purchaser. The PM has full authority to act on behalf of the purchaser (with a few exceptions) and must act reasonably and in a timely

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Why Choose the IChemE Red Book?

The IChemE Red Book is a lump sum contract setting out general conditions for the design and building of process plant. This post discusses  some of the aspects you need to consider when choosing the Red Book as part of your contract strategy. Introducing the Red Book The Red Book

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What are Digital Contracts?

5000 years ago, most contracts were oral, scratched into clay tablets with a reed or laboriously transcribed onto animal skins or papyrus. In our modern, hyper-connected world – the digital age – you can create a contract in many different ways: Paper-based (hard copy) Electronic (soft copy) Digital (created, signed

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What Does Co-operation Really Mean?

Is it enough to just cc people into emails and hold a few meetings so everyone is informed about progress? Short answer: no. Long answer, read on… Rubbing along together Although there is no overriding duty of good faith under English law (a limited duty appears in some relational contracts),

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Limits on the Contractor’s Liability under MF/1

MF/1 is a balanced contract providing plenty of opportunities for the purchaser to check the performance of the works – through three series of tests – before the contractor is released from liability.  It also clearly sets out limits on the contractor’s obligations. Limits on scope If you are acting

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What Can a Client Recover under MF/1?

As my introductory blog on MF/1 sets out, there are some significant limits under MF/1 on the rights of the purchaser (client or employer) to recover losses. What can you do about it? This blog considers the purchaser’s remedies. Remedies As the purchaser, you – either yourself or through the

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