No-one really likes disputes (except a few claims consultants or lawyers). So why don’t we spend more time engineering them out of construction? As HHJ Brian Preston said The best way to resolve to a dispute is to pre-empt it and not have the dispute in the first place… A
One of the issues relating to letters of intent is whether the intended standard form contract’s terms apply before that contract is signed. Let’s consider some of the typical ways the paying party seeks to introduce those terms and what the courts have said about whether that attempt works. Current
Subcontractor agreements (subcontracts) are often intended to be back-to-back with the main contract but this can lead to ambiguity and inconsistency for a subcontractor. What happens when the contractor’s works contract sets out a higher quality standard than that in the subcontractor’s contract? Back-to-Back Many subcontracts include clunky attempts to
A contract for the completion of goods, works and services often states an agreed works period or completion date. But is that period/date essential, critical or desirable? An essential term is one without which there is no contract. Under English law, if the parties do not agree a period or
My monthly contract tips have been reflecting on ways to create more positive content. Find out more about the A to Z of great contract content: Accurate to safeguard your business Brief covering who, what, why, when, how and how much Clear at the very least on scope, price and
Stop procrastinating over improving your contracting and adopt some of these tips, tools and ideas to help you contract like a pro: Process: Create a contract strategy Avoid the temptation to change the deal in your contract Decide if you’re ready to & then implement digital contracting Negotiate confidently (5
It’s easier to learn from the mistakes of others so let me tell you about one of the worst works contracts I’ve ever reviewed. Although just over 6,000 words (10 pages) long, the building contract was incredibly one-sided because of these terms: A right for the client to cancel the
To paraphrase William Shakespeare (the Bard): “If contracts be the food of love, play on. Give me excess clauses that, surfeiting, The appetite for jargon may sicken and so die. That Latin phrase, it had a dying fall… O contract spirit, how mean-spirited art thou, That, notwithstanding thy word-smithery Is
When it comes to certainty there are two hurdles for a contract to overcome: Is there enough certainty on essential terms for there to be a binding contract in law? If there is a contract, are all the terms certain enough for the court to interpret and enforce them? This
One of the most common misconceptions I come across, when delivering contract awareness training to consultants or contractors, is the belief that an insurance policy limits your liability to your clients. It doesn’t. Insurance is merely an asset against which your clients could bring a claim. The impact of the