Category: Strategy

Contractual Bullying: Payment Hurdles

Although you cannot avoid mandatory legislative requirements, such as the right to suspend or claim interest for late payments, some unscrupulous payers include unenforceable conditions, perhaps hoping the other does not know the law?! Another vexatious approach is to make compliance with a legal right almost impossibly tricky, creating hurdles

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The Dotted Line: When do you want to get paid?

Standing Rock provided this weekend’s monumental showstopper. The US Army Corps of Engineers refused to grant the easement (permission to use someone else’s land) for the US$4bn pipeline in Dakota, USA. The rollercoaster fortunes of this project highlight the need to consider the interests of a wide range of stakeholders

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Lessons from Failure: Contract before Works

Which should come first: works or contract? Well you might expect me to say the contract but here’s why… The defective car park In 2001, two companies were trying to agree the terms for a long-term agreement on a variety of projects. One of those projects was in a hurry,

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Review: Spotting Conditions Precedent

Conditions precedent [conditions that don’t build trust] are requirements that must be met before either (1) the contract as a whole comes into existence, or (2) a specific right under that contract will apply. Your contract won’t always use the phrase ‘condition precedent’, which makes them harder to spot… Here’s

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Lessons from Failure: Have a Contract Strategy

On a simple house refurbishment project in Putney, London, Mr & Mrs West ended up with an extended house with no proper waterproofing, serious defects in the plumbing and all the newly installed M&E services needing replacing. Disaster! When planning and creating their contracts that the clients were failed by

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Subcontractor Delays: Choose Your Weapon

What should be the contractor’s remedy when a subcontractor is running late? Under freedom to contract, the parties can decide their rights, remedies, obligations and liabilities – they are masters of their contractual fate. The choice is between recovering an uncertain amount provided you can prove breach and loss in

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What is a SMART contract?

The term SMART contract means a computer protocol. Contract process As the diagram shows, the three ages of contracting are: plan (inception): from verification to tendering make (creation): from contract choice to award/completion use (operation): from contract to dispute management SMART contracts should be able to deal with all these

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Hope is not a Contract Strategy

One of the key problems with contracts is knowing how and when to use them effectively. This decision should be part of a clear contract strategy. Even if you don’t have a mature contract strategy [read more], any strategy is better than hope! As fellow speaker and internet marketing expert,

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Choosing Model Form MF/1

One of my favourite standard forms is MF/1 the IET Model Form of Contract for the design, supply and installation of electrical, electronic and mechanical plant. It is clear, logically ordered and user-friendly. [It used to be printed on pink paper but that’s not why I like it] This blog

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Choosing Model Form MF/4

Following my recent webinar for the IChemE Special Interest Group, I ended up debating the relative merits of the IChemE Professional Services Contract (Short Form, 2015) and the IET/IMechE MF/4. This post outlines some of the aspects you need to consider when choosing MF/4 as part of your contract strategy.

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