Category: Strategy

When is An Offer Not an Offer?

When is an offer not an offer but the award of a contract? When its a snake in the grass? The TCC recently has to grapple with the rights of the parties under a framework agreement, in unusual circumstances. What is a framework agreement? A framework agreement normally allows an

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Can You Contract with a Handshake?

As a contract drafting lawyer, you might think that asking you to consider ‘should you bother with contracts?’ is a little like asking the proverbial turkey to vote for Thanksgiving or Christmas! Construction contracts in the UK have been around for about 150 years, with published standard forms a product

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How Long is Too Long?

It has been said (although not by me) that one aims for contracts is to take account of eventualities that can be foreseen, and to ensure that the intentions of the parties are expressed clearly, with certainty, and that the allocation of risks is as intended. But what is the

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Can You Understand Your Contract?

I hate to make assumptions or to speculate wildly, but… I have a sneaking suspicion that you don’t always understand your contracts. My hunch? When I wrote this blog in 2013, my evidence was largely anecdotal. It came from: lawyers’ websites which state that ‘clients do not understand exactly what

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Key Decisions on a Construction Project

A construction project can be divided into distinct phases. This blog reviews the key decision crunchpoints (see also my slideshare stages of a construction project). From the Start The project begins when a client considers she has a business need which may be met by developing new premises. Action: Investigate

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Get Your T&C Signed

How can you make sure your terms and conditions (T&C) get into your contracts? Sometimes you’ll need to win the battle of the forms (read more), but a better approach is to get your contract/proposal/T&C signed in person or accepted by email. A lazy process? When you agree with another

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Can You Avoid Collateral Warranties?

The definition of insanity, according to Albert Einstein is “doing the same thing over and over again and expecting different results.” This is how it feels to work with collateral warranties. Alternatives In my 20 years as a construction contracts lawyer, there were several ‘false dawns’ covering new approaches and

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