Category: Strategy

Digital Contracts: Technology

At the 2017 CoMIT conference (read the live blog), I proposed that the three barriers to moving towards digital contracts were technology, language and conduct. Unsurprisingly for an audience attending a conference on the construction opportunities for mobile IT, 75% said technology would be the first barrier to digital contracts

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Winning the Contract Battle

Although we have had enforceable contracts in English law for 150+ years, the process by which they are formed remains something of a mystery. Our contract processes have been called ‘haphazard’, our approach ‘cavalier’, and we get stuck in endless games of email contract tennis. One way to resolve some

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Does Your Contract Need Wriggle Room?

The 2018 TSB online banking saga has once again highlighted the issue of wriggle room in contracts. Wriggling in court Before specialising in advising on contract strategy and writing/negotiating contracts, I had the pleasure of winning a case in the Court of Appeal.  It involved what I call ‘advanced wriggling.’

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Adopt Toltec Widsom

In ‘The Four Agreements’ Don Miguel Ruiz introduces the wisdom of the Toltecs. Given the title and my specialism, my attention was hooked into how it related to contract law and contract negotiation. He says: “Language is the code for understanding and communication between humans. Every letter, every word in

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What Can Astronauts Teach Us About Delivering Legal Services?

Chris Hadfield’s ‘Guide to Life on Earth’, whilst a compelling view into the life of an astronaut, contains lessons for mere mortals. Space travels involves 3 distinct phases, which we can also use for any legal transaction: Pre-Launch: the preparation phase. His preparation phase lasted tens of years. This is

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Barriers to BIM

The Winfield Rock Report Overcoming the Legal and Contractual Barriers of BIM [available here] is a great step-forward in explaining both the essentials of BIM and the barriers to its adoption. As a contract and plain language specialist, the Report chimes with my experience: too much jargon too many initialisms

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Piecing Together the Contract Puzzle

Early in 2018 on twitter, plain language expert Dominique Joseph (@clearerworld), Tim Cummins (@tcummins from the IACCM), Ken Adams (@KonciseD) watched closely by Stefania Passera (@StewieKee), asked who was doing a good job of making contracts more user-friendly? Initially, we got side-tracked because Dom had framed her question to ask

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Love Your Contract

I have a thing about creating lovable contracts. After all, contracts help you run your business, which helps you make money, which helps you live the life you love. Hence, contracts should be lovable. In Stefania Passera’s thesis, she says that a standard, ‘design-free’ reactively drafted contract conveys the impression

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Clear Contracts Create Success

In studying the role of contract visualization, Stefania Passera’s doctoral dissertation Beyond the wall of contract text (2017), she cites research that: Clear and implementable contract terms are crucial in building successful business relationships Well-structured and well-developed agreements foster better relations Long-term successful relationships require strengthened terms on communication, role

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Top Tips from 2017

In my column for Construction Manager Magazine, I have provided a series of tips for anyone reading, writing or reviewing construction contracts. What should you do? Use your contracts as tools to help you complete the project, not as an expensive paper-weight [never shove your contracts in a drawer, October

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