Category: Contracts

What’s it worth?

Construction disputes are a great source of lessons for everyone in the sector. But we must remember that those stories may be tragedies for the parties, especially individuals. As a lawyer, I am often asked to comment on friends’ issues and, having listened to their litany of woes – my

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Is plain language enough?

There is a growing global movement towards plain language contracts, especially for individuals or consumers. What does plain language mean and is it enough? What is plain language? According to the Plain Language Federation (and this is the definition in the proposed new ISO on the topic): A communication is

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The crux of your contract claims

The 2021 HKA Crux Insight Report into lessons learnt from claims and disputes highlights a number of common global causes of engineering and construction claims. The purpose of the report (according to its Foreword) is to offer: actionable insight and suggestions to help owners, contractors and the supply chain navigate

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Contracts as communication tools

We have never met anyone without a legal background who enjoys working with contracts So starts a 2013 paper by Stefania Passera and Helena Haapio which rues the fact that contracts have become stuff for lawyers rather than as a framework for successful deals and the relationships between a supply

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A contractual invoice

There is no point having a simple and effective set of terms and conditions (T&C) if you don’t manage to get them included in your contracts. If you haven’t managed to get a contract signed, can T&C printed on the reverse of your invoices count? Incorporating T&C There are a

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A pinch of spice?

Contracting is more than just signing a legal document. Contracting is more than my three stages of planning, creating and using that document. Contracting is a process – from the twinkle in a project sponsor’s eye to the project’s successful use. But in the UK construction industry we are not

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Extremely difficult to apply

On the front flap of A New Approach to the Standard Form of Building Contract (which refers to the 1963 RIBA form), the publishers say: By the nature of its legal terminology and complex provisions, [the form] is extremely difficult to apply in everyday practice without constant advice The book

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Are we ready for techno-contracting?

In the last decade, advances in technology have significantly changed our lives, from our homes to our businesses. Techno-contracting – the use of AI, machine learning or blockchain – will change the way businesses write, create, review, negotiate and sign business deals. 2020 saw a massive increase in the use

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Better information management

Building information modelling is often referred to as better information management. Even before we were regularly using BIM and the technology that enables the data sharing and processes, there were projects from which we could have learnt. Although I am no designer, this post merely passes on some tips from

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Skill and care: no guarantee

The issue of quality is a thorny one on construction projects and covers everything from the construction process, to use and performance. The two main standards are reasonable skill and care, or fitness for purpose. Unless a contract clearly specifies a different standard, then you may have to rely on

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