If you understand the principles on concurrent delay then you might also be aware of the debate whether the contract should define concurrent delay and pass its risk to the contractor. In North Midland v Cyden, the parties amended the standard JCT contract to require: the contractor to make reasonable
According to the data, 75% of clients expect their software projects to fail! Wow… and I thought we had it bad in construction! What should you do? Many of the proposed solutions (link) will also resonate for anyone involved with construction projects: Improve communication Embrace change (both in the project
I love it when ideas from another industry make sense for contracts. Gavin Scott of Loaf training was talking at the Professional Speaking Association about customer service. He said that 34% of client loyalty comes from being easy to deal with. Lightbulb! Contracts are one of the first elements of
I have read dozens of academic papers, I am often struck by how they morph into technical jargon and long words. I was told by one lecturer that they have to be impenetrable “it’s what’s expected”! Heck, I even wrote one myself on limits and incentives in letters of intent
Hoorah! Not for Santa clauses (!)… instead I am referring to the means contact writers have for splitting the huge amount of data in a construction contract into manageable chunks. From studies by Miller in the fifties, it has long been known that we have a limited span of working
What does your contract mean? Perhaps not what you intended… Words vs Purpose The courts interpret contracts based on examining each word (the literal approach focusing on language) and business common sense (the ‘purposive’ approach focusing on practical implications). Although language should be the surest guide as to what the
Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the IChemE
Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the MF/1
Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the NEC4
Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the FIDIC