When you write your own contract (possibly cobbling together clauses and copying and pasting paragraphs from other contracts, the internet or elsewhere) you may find that you haven’t actually covered all the essentials. I have worked with a few companies in the construction industry who have created their own contract
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
As with any new discipline, there are many ways of defining legal design. It is: A movement to make law more accessible, usable and engaging (Emma Jelley) A merger of legal and design thinking to improve processes and outcomes (Helena Haapio) Preventing legal problems and empowering the users (Stefania Passera)
Adjudication is sometimes described as a rough and ready from of speedy dispute resolution and is mandatory for certain construction contracts in the UK. Where it is mandatory it can be commenced at any time. Where the contract does not come within the mandatory statutory requirements, eg for a residential
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
Construction contracts and engineering contracts take a flexible approach to completion: time is not of the essence (if they were, then when the contractor was late the client could reject the works, plant or section and pay nothing) the original dates for completion of the work, plant or sections can
A recent Court of Appeal case has confirmed what I tell my workshop delegates, that practical completion is easier to recognise than define Whilst shying away from hard and fast rules, and confirming it is a matter for the contract administrator to decide, the Court said: latent defects cannot prevent
As well as contracts needing certain terms, Tessa Manuello says that legal design is aimed at creating documents which provide certainty for users in three areas: certainty of cost certainty of process certainty of outcome Cost certainty For construction contracts, ‘certainty of cost’ means your contract should provide certainty covering
The guidance to ISO 19650 recognises that the legal and contractual matters of BIM are in a state of flux and development…the standards are not intended to provide prescriptive direction on the composition of BIM contract documents (whether consisting of a Protocol and/or other documents) and are subject to contractual
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