Category: Strategy

Can We Contract for EQ?

In EQ in Contracts I asked whether any contracts refer to the need for a good standard of emotional intelligence (EQ) for the parties. Good EQ is critical to meet the demands of the construction industry. Elizabeth Kavanagh, head of research and innovation at Stride Treglown, emailed to say that

Read More »

Working in Tandem: Double Trouble or Total Trust?

Most contracts, whether in the construction industry or not, are based on a ‘bilateral’ relationship i.e. two legal people working towards a common goal. This is the bare bones of contracting. As the proud stoker of a tandem for the last 18 years, the analogy between tandem cycling and contracting

Read More »

Simplify Your Contract Strategy

The organisation Clarity is brimming with lovely lawyers and legal consultants fascinated by how we can simplify legal documents and overcome the barriers to changing traditional drafting. After a recent meeting, Cathy Wilcox introduced me to the Pathclearer project, and its developer – Steve Weatherley then Head of Legal at

Read More »

Great Things Come in Small Packages

David Hyner is terrified by detail, and Mike Pagan believes that contracts can be watertight, so how would they find talking to a construction contract lawyer? In my coffee shop podcast with YourBFG they asked me for my ‘mantra’ that kept me going… I remembered my mother’s words to create

Read More »

Negotiating for Win-Win

Negotiation tactics commonly used in the construction industry are a mix of psychological manoeuvres to get the best deal, ploys designed to change the other’s perception of their power and game plays that pressurise you to reduce your expectations. In this post, Derek Arden, author of Win-Win, How to Get

Read More »

EQ in Contracts

EQ is a measure of a person’s emotional intelligence. How many contracts make any reference to the need for a good standard of EQ? None? Interestingly some of the key skills for emotional intelligence in business, as mentioned in Dr Lynda Shaw’s book ‘Your Brain is Boss‘ are directly relevant

Read More »

Fool-proof contracts

Good advice when creating contracts: You can draft a contract with the aim of making it either fool-proof (by drafting it in simple terms) or rogue-proof (by drafting complex, detailed terms), but not both This comes from a speech from Max Abrahamson, whose principles of risk management in construction contracts

Read More »

Disastrous Disputes

Weirdly, avoiding disputes does not seem to be a key factor driving the drafting of contracts (although PPC2000 might be an exception). However, given the rising cost and time involved in resolving disputes, as well as the damage to reputations and the sustainability of a company, it should be. My

Read More »

The Dotted Line: Should we burn our contracts?

Over the summer months each newsletter will focus most of its attention on one of my four themes: showstoppers, trust, dispute avoidance or simplicity. This edition starts with showstoppers. Read the full edition here » If you’d like to receive The Dotted Line directly to your email inbox every second

Read More »

Contracting as a Process

In a series of articles for journals and LinkedIn, I have outlined my view of contracting as a process, rather than treating contracts as stand-alone documents and their creation as drive-by events. A contract process maturity model This is a tool designed to refine this idea and future-proof your contracting

Read More »