The annual ARCADIS Global Disputes Reports consistently link construction disputes with failures to: Administer the contract properly (i.e. run the project) Understand or comply with the contract’s obligations Use the procedures in the contract. If you create a letter of intent that is easy to read, easy to understand and
Like any contract, your letter of intent should accurately, briefly and concisely describe what the parties have agreed. Essentially, using a letter of intent means the parties have not agreed all the commercial aspects for the project, or all the legal terms for the full contract. The parties have agreed
The fundamental purpose of a letter of intent is to help you do business by getting your project underway quickly. There is a right way to start your project quickly and a wrong way. Why recycling is bad! Let’s assume you (acting for the paying party, whether that’s the developer/client
How many facets do you consider when changing your contracts or contracting process? At the very least, you need to consider branding, process and content (these are my three focus areas when delivering a speech). Jacqueline Horani spoke at the World Commerce and Contracting Vibe Summit 2023 about eleven aspects
In 1992, two C-Suite executives from US airlines took to the ring to wrestle out a dispute about trade marks. More than a quarter of a century later, what can companies learn from this? 3 key lessons The first lesson is about deciding a strategy. This wasn’t really about the
Money… in the form of late, incomplete or missed payments is one of the biggest causes of dispute (World Commerce and Contracting Most Negotiated Terms Report 2022). It is critical that both parties to a deal know: when, to which individual and in what format the supplier must apply for
Build UK has set out its list of six unacceptable terms for UK construction contracts: fitness for purpose – should not be included except in the process sector [where it is modified by testing and limits on liability] unquantifiable risks – certain items should not be a contractor risk where
No-one really likes disputes (except a few claims consultants or lawyers). So why don’t we spend more time engineering them out of construction? As HHJ Brian Preston said The best way to resolve to a dispute is to pre-empt it and not have the dispute in the first place… A
A contract requires an agreement on all essential terms, an intention to create a binding contract, a value exchange (what lawyers call ‘consideration’) and certainty. Determining the point at which the parties have agreed all the essential terms, is rather more difficult in practice than the internet would lead you
Stop procrastinating over improving your contracting and adopt some of these tips, tools and ideas to help you contract like a pro: Process: Create a contract strategy Avoid the temptation to change the deal in your contract Decide if you’re ready to & then implement digital contracting Negotiate confidently (5
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