Category: Strategy

The Dotted Line: How to negotiate

During the Easter break, I listened to a podcast on How to Negotiate which reinforced some of my advice from previous newsletters. The negotiators said you must know your walk away position before you start, you should understand your why (what you are trying to achieve), and you should build

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Watertight Contracts

What is a watertight contract? In my view it is like the pot of gold at the end of a rainbow – we’d all like it to exist, but it doesn’t. Recent examples like Pimlico plumbers, Uber and Oakhurst diary have shown how so-called watertight contracts have been leaking at

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Signatures Are Not Required

Getting a contract wet signed (pen & ink) is becoming increasingly difficult when many clients are virtual, businesses do not have offices, and the cost of postage outweighs the benefits. In the construction industry, parties often start with the intention of getting a signed contract, but these good intentions are

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Make It Essential

This post sets out the legal requirements and 4 bare minimum content essentials for a construction contract. Even where all of those exist, the courts sometimes decide there is no contract because all the essential terms were not agreed. The terms on which the parties were [of one mind] must

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No Written Contract? No Problem

A US$60m project for a luxury Caribbean resort came to a sorry end for many hundreds of disgruntled customers. Even if your project does not involve cabanas, windswept beaches or multi-million pound deals, you can learn from the lessons of Harlequin and its contractor. Setting the scene The ‘startling features’

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One-upmanship or trust?

Alan Sugar once said: I have always been an honest trader. I come from a school of traders where there was honour in the deal. No contracts, just a handshake and that’s it, done. That’s the way I prefer to do business… Can You Contract with a Handshake? looked at

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The Dotted Line: Do you love your contracts?

It’s been Valentine’s Day this week. When I first carried out my survey of construction contract users in 2014 I was surprised that 30% of respondents said they loved their contracts because they help them do business. Do you? Read it here » If you’d like to receive The Dotted

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Are You in a Hurry?

As David Chappell says: it is difficult to think of any other cause responsible for more difficulties and disputes in construction contracts than the employer being in a hurry Construction Contracts Q&A, 2011 There are 3 approaches to letters of intent: Follow the guidance from eg the RICS, CIOB and

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The Dotted Line: 5 tips for killer contracts

Now you know what NOT to do in 2017, I want to help you replace your bad contract habits with good contract habits. Here are five tips to create killer contracts in 2017. Read it here » If you’d like to receive The Dotted Line directly to your email inbox

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