Category: Write

Trust – does your contract show it?

The length (and contents) of your contract gives off so many first impressions to would-be clients. A contract that’s just a couple of emails risks not covering the bare minimum, and a long contract with in-depth legal stipulations may showcase a lack of trust. So what is the ‘Goldilocks measure’

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Scope – what won’t you do?

In an average contract, you’ll see suppliers describe in detail exactly what they will do as part of the scope of works. But in a great contract, you’ll see suppliers describe what they won’t do. In this post, I focus on the importance of adding clarity to your contract to

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Traps in T&C

There’s a certain honesty in this tick box: From a UX perspective, the lack of a link to the terms and conditions is an own goal – ironically, the page was part of the voting form for the Women in Legal Tech awards. According to research (New York Times) less

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Design life: duty or desire?

Any construction project (or product) can be stated to have a specific design life – normally listed in calendar years. Recent cases have reviewed if a design life is a promise ie an actionably duty or a mere statement of intent or desire: sinking wind turbines: a requirement for these

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Contractions in contracts

I was chatting to Jeremy who havd reviewed one of my template contracts. He was fine with its content but said he would be even less formal in his contract/proposal; in particular he would use contractions. So where I had written I will he would use I’ll. I didn’t disagree

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Punishing wordiness

Was it the cost that bothered the judge or the wordiness? In a case dating back to 1595, the court punished a claimant who did ‘draw, devise and engross’ paperwork which amounted to six score sheets of paper, or 120 pages. The court’s view was that it could have been

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Trust and the wrong tone

Dominic Cummings, a UK Government advisor, was outed for an ill-conceived trip to Barnard Castle during the Spring 2020 lockdown (a place which ought to be famous for its mechanical silver swan rather than policital shenanigans). In his statement, he made a series of increasingly bizarre claims about testing his

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No contract? No money!

In English law, most contracts do not need to be in writing to be valid. However, not every conversation leads to a contract… so how do the courts draw the line? Tell-tale signs After a telephone call between two businesses, one claimed £1m in fees from the other for services

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Limits on the contractor’s liability under MF/1

MF/1 is a balanced contract providing plenty of opportunities for the purchaser to check the performance of the works – through three series of tests – before the contractor is released from liability.  It also clearly sets out limits on the contractor’s obligations. Limits on scope If you are acting

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Limited guarantees

The Scottish Appeal Court (the Inner House) has confirmed my suspicion that a collateral warranty is impliedly limited by the scope and terms of the underlying agreement. What are collateral warranties? A collateral warranty is a simple document designed to create contractual links between the provider of goods, works or

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