In your quote, estimate or proposal, do you say it is ‘subject to contract? Would you have an email footer saying ‘Any offers made in an email or attachments are subject to contract’? Do you even really know what this phrase means? When I first practised as a lawyer, lots
Subcontracts are used throughout the modern global economy. On a construction project they enable a contractor to buy in expertise. The contractor stays legally responsible for carrying out all its scope of works, and will try and safeguard its position by mirroring key obligations, processes, and quality requirements from the main
Did you or someone in your team ask another company for a copy of their terms so you could copy it/ be inspired by it/ steal ideas with pride? I know quite a few companies whose terms were ‘borrowed’ from a previous business, supplier, competitor, or employer. Bad for business
Are you sitting comfortably? Let me tell you a story about a road scheme in Cheshire where I live. The A555 road scheme was finally completed about 3 years ago to provide a link between the A6 and Manchester Airport. Unfortunately, it regularly floods and the road is again shut to traffic. I joked
Let me introduce you to performance bonds. Despite its name, a performance bond doesn’t guarantee performance – the surety promises to pay up to a specific sum for poor performance, provided the employer gives it enough evidence. If you’d like an analogy, think of them as a type of insurance.
According to the World Commerce and Contracting Most Negotiated Terms Report 2024, tricky limit on liability clauses get the most attention during contract negotiations, irrespective of who is in charge! Isn’t that odd? Limitations are only ever relevant when there is a legal dispute and therefore rarely make a difference.
Simplifying contracts is not just a matter of taking each clause and making it plainer language. Our task is also to ensure all the contracting documents fit together neatly. Our goal is seamless sales… from start to finish! Coffee on the go We were asked to help a coffee business
Trust-enhancing contracts Trust, according to the Speed of Trust by Stephen MR Covey, is a function of two things: character and competence. Character includes your integrity, your motive, your intent with people. Competence includes your capabilities, your skills, your results, your track record. When I read that book, I was
The purpose of your contracts is to help you do business. Another way of thinking of this based on success – as Jacqueline Horani said at the World Commerce and Contracting Vibe Summit 2023, contracts are tools to help ‘both sides of the agreement to achieve and fulfil their goals.’
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