There is no point having a simple and effective set of terms and conditions (T&C) if you don’t manage to get them included in your contracts. If you haven’t managed to get a contract signed, can T&C printed on the reverse of your invoices count? Incorporating T&C There are a
Contracting is more than just signing a legal document. Contracting is more than my three stages of planning, creating and using that document. Contracting is a process – from the twinkle in a project sponsor’s eye to the project’s successful use. But in the UK construction industry we are not
On the front flap of A New Approach to the Standard Form of Building Contract (which refers to the 1963 RIBA form), the publishers say: By the nature of its legal terminology and complex provisions, [the form] is extremely difficult to apply in everyday practice without constant advice The book
In the last decade, advances in technology have significantly changed our lives, from our homes to our businesses. Techno-contracting – the use of AI, machine learning or blockchain – will change the way businesses write, create, review, negotiate and sign business deals. 2020 saw a massive increase in the use
Building information modelling is often referred to as better information management. Even before we were regularly using BIM and the technology that enables the data sharing and processes, there were projects from which we could have learnt. Although I am no designer, this post merely passes on some tips from
The issue of quality is a thorny one on construction projects and covers everything from the construction process, to use and performance. The two main standards are reasonable skill and care, or fitness for purpose. Unless a contract clearly specifies a different standard, then you may have to rely on
Contracts are not often described as user-friendly… more often they are noted as being the opposite. That may be harsh if it comes from a user, but it is feedback you need to act on if it comes from a judge. Not user-friendly In Blu-Sky v Be Caring the English
Trying to change embedded behaviours is difficult – it’s hard enough in children, never mind adults! When discussing contracts, do you consider how the terms and processes will affect the users? Do contracts change behaviours? Of course, the contract could just represent what the parties already do. But surely that
A contract is not just a set of legal terms. Contracts include: processes such as change management deliverables and KPIs works information programming payment schedules policies and codes of conduct A completed contract is a mix of commercial, operational, legal and technical items. The difficulty for most users is finding
At a recent event, one of the delegates stated “liability has to be proportional to the commitments being made.” This is otherwise described as risk v reward. What we know – from the World Commerce and Contracting Most Negotiated Terms Report – is that limits on liability are the most