Category: Contracts

Traps in T&C

There’s a certain honesty in this tick box: From a UX perspective, the lack of a link to the terms and conditions is an own goal – ironically, the page was part of the voting form for the Women in Legal Tech awards. According to research (New York Times) less

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Right to Finish Part 2

Do you really want to sign up to a contract that allows your client (or the main contractor) to keep taking work away from you and giving it to someone else? Contracts both entitle and oblige the provider to perform the whole of its scope – what I call a

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Retention as Leverage

What is the retention? Is it, as I have suggested, the contractor’s money which the employer is holding to ransom? Is it security for any defects discovered during the defects period which the contractor fails to put right? Is it a form of commercial leverage? In Yeovil v The Stepping

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Design life: duty or desire?

Any construction project (or product) can be stated to have a specific design life – normally listed in calendar years. Recent cases have reviewed if a design life is a promise ie an actionably duty or a mere statement of intent or desire: sinking wind turbines: a requirement for these

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Changing motives

One of the respondents to my survey on the future of contracts told me (rather depressingly) that No-one cares about the contract. They just want the goods… But it is actually more nuanced. There are two different motives for two distinct stages: before signature: the parties are only focused on

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Contractions in contracts

I was chatting to Jeremy who havd reviewed one of my template contracts. He was fine with its content but said he would be even less formal in his contract/proposal; in particular he would use contractions. So where I had written I will he would use I’ll. I didn’t disagree

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Do you read T&C?

In my (unscientific) straw poll of attendees at a recent webinar on construction contracts, not a single person admitted to always reading every set of terms and conditions, or T&C. It’s hardly surprising. From the thousands of people who have been in my audience when I asked that question, in

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Punishing Wordiness

Was it the cost that bothered the judge or the wordiness? In a case dating back to 1595, the court punished a claimant who did ‘draw, devise and engross’ paperwork which amounted to six score sheets of paper, or 120 pages. The court’s view was that it could have been

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Termination at will

Ok. I’ll admit it. I have a bee in my bonnet about clauses which allow termination at will or termination for convenience. Essentially, a termination at will clause allows one party to simply change its mind about wanting to continue with the scope of the contract, and tell the other

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Trust and the wrong tone

Dominic Cummings, a UK Government advisor, was outed for an ill-conceived trip to Barnard Castle during the Spring 2020 lockdown (a place which ought to be famous for its mechanical silver swan rather than policital shenanigans). In his statement, he made a series of increasingly bizarre claims about testing his

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