In my column for Construction Manager Magazine, I have provided a series of tips for anyone reading, writing or reviewing construction contracts. What should you do? Use your contracts as tools to help you complete the project, not as an expensive paper-weight [never shove your contracts in a drawer, October
In EQ in Contracts I asked whether any contracts refer to the need for a good standard of emotional intelligence (EQ) for the parties. Good EQ is critical to meet the demands of the construction industry. Elizabeth Kavanagh, head of research and innovation at Stride Treglown, emailed to say that
Most contracts, whether in the construction industry or not, are based on a ‘bilateral’ relationship i.e. two legal people working towards a common goal. This is the bare bones of contracting. As the proud stoker of a tandem for the last 18 years, the analogy between tandem cycling and contracting
The organisation Clarity is brimming with lovely lawyers and legal consultants fascinated by how we can simplify legal documents and overcome the barriers to changing traditional drafting. After a recent meeting, Cathy Wilcox introduced me to the Pathclearer project, and its developer – Steve Weatherley then Head of Legal at
David Hyner is terrified by detail, and Mike Pagan believes that contracts can be watertight, so how would they find talking to a construction contract lawyer? In my coffee shop podcast with YourBFG they asked me for my ‘mantra’ that kept me going… I remembered my mother’s words to create
Much has been written about the words that contract writers should adopt to portray an obligation. Is it shall, must or will? Here’s a summary of the expert views: Ken Adams proposes a disciplined use of shall (banishing shall from business contracts) with must and will for non-party obligations or
The rule for simplicity is neatly espoused by Joseph Pulitzer: Put it to them briefly so they will read it, clearly so they will appreciate it, picturesquely so they will remember it and, above all, accurately so they will be guided by its light As a lawyer and maths graduate,
How bad are letters of intent really? A real eye-opener activity, which I have used during my LOI lunch & learn workshops, is to compare what is in a ‘standard’ letter of intent with what you’d expect to see in a proper construction contract. Letters of intent should be contracts.
Negotiation tactics commonly used in the construction industry are a mix of psychological manoeuvres to get the best deal, ploys designed to change the other’s perception of their power and game plays that pressurise you to reduce your expectations. In this post, Derek Arden, author of Win-Win, How to Get
EQ is a measure of a person’s emotional intelligence. How many contracts make any reference to the need for a good standard of EQ? None? Interestingly some of the key skills for emotional intelligence in business, as mentioned in Dr Lynda Shaw’s book ‘Your Brain is Boss‘ are directly relevant