Once you’ve signed your deal, how easy is it to change? The unexpected has a nasty way of cropping up, so apart from instant one-off transactions, your contracts, agreements and T&C need to include a clear mechanism allowing the buyer and seller to tweak the details. But what if it
Contract professionals, contract writers and lawyers are trained to build in ‘comfort blankets’ ie to make contracts cosy for their client or organisation. As a result contracts have become overly full of clauses which are little more than comfort blankets eg the miscellaneous or boilerplate terms. Since not many users
How many customers does your organisation lose before you even know it? You have no idea about the business you never heard from because they walked away [David Avrin] When does the customer experience start? It is often well before your first contact with them. The internet has profoundly changed
The process of getting a deal done should be simple – but somehow we often far more complex than it needs to be… through time pressures, through inconsistency, or through burying our heads! In a recent English court case (CLS Civil v WJG Evans), the buyer and the supplier tied
It is relatively simple to work out what the success of a project looks like. For a construction project, the focus will be on the core aims of time, cost and quality, and more recently wider issues such as environmental, social or governance (ESG). A construction project score might rate
At the 2023 World Commerce and Contracting Summit, Elizabeth de Stadler from Novcon said: we should not lose sight of what we are actually here to do: which after all is to… help clients to form relationships and to define the rules of those relationships in a way that is
The risks on a project, as well as the rewards, need to be shared equitably. Contracts have a significant role to play in what is sometimes referred to as managing with risk ie going ahead with a project while accepting that there will always be a degree of uncertainty… and
The process for creating contracts is dysfunctional so the language for creating contracts is dysfunctional… [Ken Adams] When time is tight, the only realistic way to record the legal content of the deal is to copy and paste from a similar deal. But does this really work for the buyer
How many times does the legal process suck the life out of your deal? Legals are meant to support and work with sales, marketing and procurement. Too often, we hear that legals are more of a barrier to doing business – they sabotage sales. Back in 2011 the Office for
They say that no plan ever survives first contact with reality. This can also be true of your contract process. You need to be flexible with what you want as any contract requires both buyer and seller to agree to the terms. A £40m construction dispute amply demonstrates the pitfalls
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