If you’re a driver, then you may be familiar with the phrase ‘cut & shut’ which refers to two write-off vehicles being welded together to make a ‘new and improved’ model. This happens with contracts. The clauses or halves might not have been write-offs but the resulting document is surely
What are the best ways to avoid disputes on construction projects? You’d fully expect me to recommend a decent contract, but don’t just take my word for it. This post reviews the 2021 Arcadis Global Disputes Report to extract the nuggets you need to avoid disputes on your projects. Tips
What happens when your contract lacks clarity? How will the English courts interpret it? In Mott MacDonald v Trant Engineering, the judge reminded contract writers and users of these principles by which they work out what your contract words actually mean: if the words are not ambiguous, then the courts
Any contract – whatever its subject, however long it is, whether paper-based, digital or verbal – can have terms added to by either legislation, custom or by case law. These additions are called implied terms. This post summarises a recent Court of Appeal decision which clarified when/how the courts can
In a recent claim for nearly £1.8m against an online betting company, the judge held that none of these features are… at first blush features of an open and fair consumer contract that is easy to access and understand. On the basis it is easier to learn from the mistakes
What your contract means is essentially decided by strangers. What you personally think is utterly irrelevant because of the importance of an objective view. What previous cases have said about an individual term or clause is also largely irrelevant because of the importance of context. Interpreting your contract When deciding
Contracts are tools to help you do business. Your contract must perform for you on your projects – it should be easy to use and responsive to your and your clients’/suppliers’ business needs. Practical processes We could spend a long time debating which are the most critical terms in a
As well as having a positive process, the terms in your contract can (and should) enhance the trust you already have* with your client/supplier, both through specific terms and through their general style and tone. Demonstrating trust First, check which of the 8 Habits of Defective Contracts you are guilty
The UK Government’s Construction Playbook has 14 key policies for reforming and modernising aspects of public sector projects (and perhaps, with luck and trickle down, the private sector too). However, it will need some robust contract tools to bring those ideas to fruition. In a series of posts, I consider
The UK Government’s Construction Playbook has 14 key policies for reforming and modernising aspects of public sector projects (and perhaps, with luck and trickle down, the private sector too). However, it will need some robust contract tools to bring those ideas to fruition. In a series of posts, I consider