It is relatively simple to work out what the success of a project looks like. For a construction project, the focus will be on the core aims of time, cost and quality, and more recently wider issues such as environmental, social or governance (ESG). A construction project score might rate
At the 2023 World Commerce and Contracting Summit, Elizabeth de Stadler from Novcon said: we should not lose sight of what we are actually here to do: which after all is to… help clients to form relationships and to define the rules of those relationships in a way that is
The risks on a project, as well as the rewards, need to be shared equitably. Contracts have a significant role to play in what is sometimes referred to as managing with risk ie going ahead with a project while accepting that there will always be a degree of uncertainty… and
The process for creating contracts is dysfunctional so the language for creating contracts is dysfunctional… [Ken Adams] When time is tight, the only realistic way to record the legal content of the deal is to copy and paste from a similar deal. But does this really work for the buyer
How many times does the legal process suck the life out of your deal? Legals are meant to support and work with sales, marketing and procurement. Too often, we hear that legals are more of a barrier to doing business – they sabotage sales. Back in 2011 the Office for
They say that no plan ever survives first contact with reality. This can also be true of your contract process. You need to be flexible with what you want as any contract requires both buyer and seller to agree to the terms. A £40m construction dispute amply demonstrates the pitfalls
The annual ARCADIS Global Disputes Reports consistently link construction disputes with failures to: Administer the contract properly (i.e. run the project) Understand or comply with the contract’s obligations Use the procedures in the contract. If you create a letter of intent that is easy to read, easy to understand and
Like any contract, your letter of intent should accurately, briefly and concisely describe what the parties have agreed. Essentially, using a letter of intent means the parties have not agreed all the commercial aspects for the project, or all the legal terms for the full contract. The parties have agreed
The fundamental purpose of a letter of intent is to help you do business by getting your project underway quickly. There is a right way to start your project quickly and a wrong way. Why recycling is bad! Let’s assume you (acting for the paying party, whether that’s the developer/client
How many facets do you consider when changing your contracts or contracting process? At the very least, you need to consider branding, process and content (these are my three focus areas when delivering a speech). Jacqueline Horani spoke at the World Commerce and Contracting Vibe Summit 2023 about eleven aspects
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