Category: Strategy

Lessons from failure: have a contract strategy

On a simple house refurbishment project in Putney, London, Mr & Mrs West ended up with an extended house with no proper waterproofing, serious defects in the plumbing and all the newly installed M&E services needing replacing. Disaster! When planning and creating their contracts that the clients were failed by

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Subcontractor delays: choose your weapon

What should be the contractor’s remedy when a subcontractor is running late? Under freedom to contract, the parties can decide their rights, remedies, obligations and liabilities – they are masters of their contractual fate. The choice is between recovering an uncertain amount provided you can prove breach and loss in

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A circular image showing the plan, make and use stages for contracting as well as describing some of the tasks making up those stages. The outer circle has arrows to show that this should be a continual process of improvement. Image copyright Sarah Fox
Sarah Fox

What are smart contracts?

A smart contract means a ‘computer protocol intended to digitally facilitate, verify, or enforce the negotiation or performance of a contract.’ [source] From this definition, a smart contract is just the code – it has been said that it is neither smart nor a contract! More recently, the Law Commission

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Hope is not a contract strategy

One of the key problems with contracts is knowing how and when to use them effectively. This decision should be part of a clear contract strategy. Even if you don’t have a mature contract strategy, any strategy is better than hope! As fellow speaker and internet marketing expert, Ian Brodie,

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Choosing Model Form MF/1

One of my favourite standard forms is MF/1 the IET Model Form of Contract for the design, supply and installation of electrical, electronic and mechanical plant. It is clear, logically ordered and user-friendly. [It used to be printed on pink paper but that’s not why I like it.] This post

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Choosing Model Form MF/4

Following my recent webinar for the IChemE Special Interest Group, I ended up debating the relative merits of the IChemE Professional Services Contract (Short Form, 2015) and the IET/IMechE MF/4. This post outlines some of the aspects you need to consider when choosing MF/4 as part of your contract strategy.

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Choosing IChemE Silver Book

Following my recent webinar for the IChemE Special Interest Group, I was asked to comment on their new Professional Services Contract (Short Form, 2015). The IChemE PSC Short Form was published to provide the IChemE’s members with a ‘standard form’ consultancy agreement for services of a “relatively low contract price

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How to get paid

If you want to get paid on time, without deductions, then you need to take a strategic approach during all three key stages of contract inception, contract creation and contract operation. Plan for it Before you agree to enter into a contract with a client, you should check out whether

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A photograph of a fountain pen writing on lined paper. By Arron Burden via Unsplash.
Sarah Fox

8 habits of highly defective contracts

Stephen R Covey’s 7 Habits are principles to help you become highly effective. There are astonishing parallels with my specialist area of law – contracts. In brief, the first six of the 7 habits can be summarised as ‘make and keep a promise’ and ‘involve others and work out a

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Using letters of intent successfully

To make letters of intent really work for you, you need a fast but fool-proof process. There are two critical stages: what you do before you send a letter of intent and what you do after. Before you send it You should check whether the letter of intent you need

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