Category: Contracts

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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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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The Ideal Subcontract

The scandal of construction, according to the Huxtable Report (1983) is: the persistent and continuing imposition as a matter of deliberate policy… of onerous and unfair subcontract conditions. An ideal subcontract, said the Report, was which set out the rights and obligations of the subcontractor as clearly as possible, was

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Speed of digital change

The 2020 pandemic is increasing the speed of digital change in construction. At a LetsBuild webinar two-thirds of respondents said that the pandemic would accelerate increased digitalisation and investment in technology. As ‘Digital by Default: Construction After Covid-19‘ notes: …rapid change is the reality of the current COVID-19 crisis –

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Responsible and fair

In the light of the Covid-19 pandemic, parties have been burrowing into the depths of their small print like never before. I am not convinced this is the answer. For once, I am NOT alone! The UK government has issued guidance for parties to public sector contracts (PPN 02/2020) and

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Demand for Digital Contracts

I have been researching how other countries are adapting to digital contracting. In Sweden, Skye Contracts promote contracting based on: speed simplicity flow They are interested in tremendous templates, clarity of thinking, data-driven decision-making as well as using processes that work for your business. As they state in their e-book:

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No contract? No money!

In English law, most contracts do not need to be in writing to be valid. However, not every conversation leads to a contract… so how do the courts draw the line? Tell-tale signs After a telephone call between two businesses, one claimed £1m in fees from the other for services

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How do you create digital contracts?

Let’s be clear, taking a contract that is not fit for purpose and digitising it will not magically create a smooth, effective contracting process. It is not about the technology. Digital contracts are legal. But they also need to be simple – contracts should be read, understood and used. Online

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Restricting your freedom to contract

Although you can agree pretty much anything you like under freedom to contract, there are some restrictions on that freedom: legislation: laws can mandate minimum requirements, outlaw certain terms and allow others only within specific parameters contract: a contract can restrict the parties’ rights in the future on a specific

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