Category: Strategy

What You Need to Know About Getting Paid

Cashflow is King. Yet getting paid is a perennial problem across all projects, sectors and countries. But do you know how bad it really is? Global data According to the IACCM 2015 Report Payment Terms: Do Large Companies Abuse their Power?: 51% companies find that negotiating payment terms is becoming

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Why Choose the IChemE Red Book?

The IChemE Red Book is a lump sum contract setting out general conditions for the design and building of process plant. This post discusses  some of the aspects you need to consider when choosing the Red Book as part of your contract strategy. Introducing the Red Book The Red Book

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What are Digital Contracts?

5000 years ago, most contracts were oral, scratched into clay tablets with a reed or laboriously transcribed onto animal skins or papyrus. In our modern, hyper-connected world – the digital age – you can create a contract in many different ways: Paper-based (hard copy) Electronic (soft copy) Digital (created, signed

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What Does Co-operation Really Mean?

Is it enough to just cc people into emails and hold a few meetings so everyone is informed about progress? Short answer: no. Long answer, read on… Rubbing along together Although there is no overriding duty of good faith under English law (a limited duty appears in some relational contracts),

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Why risk it?

Do you know your place? According to the English courts, the very idea that a sophisticated contract was negotiated with the host of a posh drinks reception at the Wallace Collection, London would have been ‘socially dysfunctional and commercially inappropriate‘. A company specialisting in advice for mergers and acquisitions (Moorgate

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Can you rely on heads of terms?

If you don’t have a signed contract, you are creating trouble for yourself. To prove your rights and remedies, you will need to overcome various evidential hurdles to prove the 5 requirements for a contract. What happens when your carefully crafted contract is lost from a computer late at night,

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What is unjust about unjust enrichment?

Once your chat in a posh drinks reception is not upheld as a contract, you might want the court to consider if you are entitled to some money on the basis of ‘unjust enrichment’. A claim for unjust enrichment is not a claim in contract law, but in a much

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What Is User-Centred Law?

A key aspect of legal design, is the concept of user-centred law. As Tessa Manuello says ‘Most legal service delivery has been designed for a world that no longer exists‘. User-centred law adapts existing legal services and systems to meet the users’ needs, rather than trying to adapt users to

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Lessons from failure: get your ducks in a row

Am I the only person who went into construction for the paperwork? If so, it would make a massive difference if others like you could take the time to plan and sign your contracts properly. The NBS Contracts and Law Report 2018 shows 30% of projects start without a contract

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Understanding the User Journey

Designing tools which neither reflect nor understand the user’s experience or journey is a foolish waste of time. In the Legal Creatives Academy, I was set a challenge to design a legal tool. I decided to map the payment aspects of a building project for a home-owner. I immediately drew

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