Category: Strategy

Choosing IChemE Silver Book

Following my recent webinar for the IChemE Special Interest Group, I was asked to comment on their new Professional Services Contract (Short Form, 2015). The IChemE PSC Short Form was published to provide the IChemE’s members with a ‘standard form’ consultancy agreement for services of a “relatively low contract price

Read More »

How to Get Paid

If you want to get paid on time, without deductions, then you need to take a strategic approach during all three key stages of contract inception, contract creation and contract operation. Plan for it Before you agree to enter into a contract with a client, you should check out whether

Read More »

8 Habits of Highly Defective Contracts

Stephen R Covey’s 7 Habits are principles to help you become highly effective. There are astonishing parallels with my specialist area of law – contracts. In brief, the first six of the 7 habits can be summarised as ‘make and keep a promise’ and ‘involve others and work out a

Read More »

Using Letters of Intent Successfully

To make letters of intent really work for you, you need a fast but fool-proof process. There are two critical stages: what you do before you send a letter of intent and what you do after. Before You Send It You should check whether the letter of intent you need

Read More »

Choosing JCT MW 2016

How do you choose a contract as the right one for your project? There is rarely only one contract which would work be right for your project. The final choice may depends as much on these factors as something more prosaic like personal preference and familiarity: The recommendation of which

Read More »

When Letters of Intent Go Wrong: The Funder Perspective

On any construction project, there is likely to be a funder, who lends money to the client for the purposes of getting the development completed. The funder will assess the viability of a project based on factors including: size of the loan ie the amount of money the client needs

Read More »

Is It Ever OK To Use A Letter of Intent?

It’s not necessarily good or bad to use a letter of intent. Depending on who you believe, letters of intent may be considered ‘necessary evil’, a sign that the project has gone wrong, evidence of a defective contract strategy or a means to the right end. Despite the many clear

Read More »

When Letters of Intent Go Wrong: The Advisers’ Perspective

Letters of intent can be recommended in specific circumstances: in view of the perceived importance of achieving early completion and, specifically, early commencement of the works, it was acceptable to advise commencing [the project] under a letter of intent rather than waiting until a formal building contract could be executed.”

Read More »

Can You Avoid Letters of Intent?

Whether you can avoid a letter of intent depends on where you are in the contract process – are you at the stage of deciding your contract strategy or are you about to start the construction phase? It can either be a strategic or tactical decision… Strategic Using the contractor

Read More »

7 Habits of Defective Contract Strategies

The UK Government’s Construction 2025 report says that our industry’s success depends on taking a strategic approach to contracts: Repeat customers… approach the industry in a strategic way and secure a better outcome, particularly in the context of whole life value – and generally through the early engagement of key

Read More »