There isn’t one way to draft a contract or legal document, whatever you may have been told. These tips will help you create a better contract. Any Format In England/Wales, there is no specific format or style or content for most contracts. It doesn’t even have to be written down.
Contract strategy is just a fancy way of saying choosing the type of contract you want. There are various issues to take into account: your procurement strategy: traditional, design and build, prime cost, management contracting your payment strategy: lump sum, remeasurement, target price your risk strategy: pro-active or reactive; transfer,
As part of my on-going research into contract writing, I reading Peter Hibberd’s (former Chairman of The Joint Contracts Tribunal) Arbrix paper How Difficult is it to Write a Standard Form Contract? He says: “How difficult is it to write a standard form contract – it depends on what one
According to most professional bodies, you should ‘just say no’ when offered a letter of intent. However, the court recently said that it was not negligent to start a project under a letter of intent. So what advice is there on using letters of intent? One case (Cunningham v Collett)
Back in 2012, as part of my research into how to write a contract in just 500 words, I developed my set of minimum requirements for construction contracts. Rather than start with a contract and edit madly, I started with a blank sheet of paper and worked out what I
Liquidated (or delay) damages are pre-set damages (listed in the contract) which make it simpler and quicker to recover compensation when the other party to the contract defaults or commits a breach. One such example is the notice from a hotel chain to charge £100 if a guest smokes in
In order to avoid technical defences to an agreed level of damages (liquidated damages), you should concentrate on making sure the purpose of the clause is made really clear. Compensation In Lorsdvale v Zambia, the question whether the amount was a penalty or a genuine pre-estimate was based on: “whether
Contracts should help you do business. But we have to be realistic. Change happens. Risk events occur. Humans are fallible. Most contracts do not anticipate ‘failure’ in stark terms. However, not every project will be a success, especially those which are on the edges of what is currently possible. Is
Fitness for purpose is a phrase much debated and bandied about. But what does it really mean? What your contract needs If you want your contract to provide a project which is ‘fit for purpose’ you need three things: a contractor responsible for both design and construction (either D&B or
However well-drafted your contract is, there are some terms you cannot avoid and which may be added into your contract. Implied terms can be added to your contract, without your knowledge. They can arise from custom, be imposed by statute (legislation, laws, rules and regulations), or from decisions of the