In your quote, estimate or proposal, do you say it is ‘subject to contract? Would you have an email footer saying ‘Any offers made in an email or attachments are subject to contract’? Do you even really know what this phrase means? When I first practised as a lawyer, lots
Subcontracts are used throughout the modern global economy. On a construction project they enable a contractor to buy in expertise. The contractor stays legally responsible for carrying out all its scope of works, and will try and safeguard its position by mirroring key obligations, processes, and quality requirements from the main
Did you or someone in your team ask another company for a copy of their terms so you could copy it/ be inspired by it/ steal ideas with pride? I know quite a few companies whose terms were ‘borrowed’ from a previous business, supplier, competitor, or employer. Bad for business
The purpose of a contract is to give you both the right and the duty to provide the entire scope envisaged in your agreement ie all the agreed goods, works and/or services. But what if you want to split up before then? As my book on Small Works says As all construction projects
I first came across lame clauses in 1995 when I read the back of a bungee jump ‘certificate’ and realised participants had effectively signed their lives away! More recently, my teenage sons signed up for an unexpected engineering task when they agreed to the safety rules for the mountain carts
A few decades ago, we were ‘played’ as tourists at an Edinburgh restaurant during the Festival. Steve, our knowledgeable host, ordered a specific bottle of wine. When the waiter returned, he said that wine was not available but suggested a ‘similar’ one. As a canny diner, Steve asked the price,
Simpler contracts have loads of benefits and will reduce admin time, minimise quibbling, manage expectations, safeguard your business, speed up the process of finalising a deal, enhance trust, avoid disputes and so on. This post brings together some videos which will help give you more confidence with your contracts. Alternatively,
A few years ago, we took our kids to Paris and promised them a trip up the Eiffel Tower. Our timing could not have been worse… it was mother’s day and the Tower was rammed. As the queues for the lifts were extensive, and we’d have ended waiting for hours,
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