Category: Contracts

Peace of Mind

I went from nodding in agreement to shaking my head in just two sentences: A contract sets out the expectations of both the client and the contractor. A contract gives you the peace of mind that the contractor will deliver the project within an agreed timeframe, at an agreed cost

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Tried and Tested

Do you want a tried and tested contract? Really? Tried before the courts because it wasn’t clear enough? Tested by years of use and abuse [read Ken Adams’ view on tested language in contracts]? One of those contracts which surveys have held stoke mistrust? Or one of the ones which

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What No Retention?

Retention has had its day… Unjustified late and non-payment of a retention is unacceptable BEIS Report October 2017 Or perhaps that is wishful thinking? Build UK is implementing the Construction Supply Chain Payment Charter to move to zero retentions by 2025 (although some more enlightened employers like Network Rail have

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What Have You Forgotten?

When you write your own contract (possibly cobbling together clauses and copying and pasting paragraphs from other contracts, the internet or elsewhere) you may find that you haven’t actually covered all the essentials. I have worked with a few companies in the construction industry who have created their own contract

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What Is User-Centred Law?

A key aspect of legal design, is the concept of user-centred law. As Tessa Manuello says ‘Most legal service delivery has been designed for a world that no longer exists‘. User-centred law adapts existing legal services and systems to meet the users’ needs, rather than trying to adapt users to

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What is legal design?

As with any new discipline, there are many ways of defining legal design. It is: A movement to make law more accessible, usable and engaging (Emma Jelley) A merger of legal and design thinking to improve processes and outcomes (Helena Haapio) Preventing legal problems and empowering the users (Stefania Passera)

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Beware time-bar provisions

Adjudication is sometimes described as a rough and ready from of speedy dispute resolution and is mandatory for certain construction contracts in the UK. Where it is mandatory it can be commenced at any time. Where the contract does not come within the mandatory statutory requirements, eg for a residential

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Lessons from failure: get your ducks in a row

Am I the only person who went into construction for the paperwork? If so, it would make a massive difference if others like you could take the time to plan and sign your contracts properly. The NBS Contracts and Law Report 2018 shows 30% of projects start without a contract

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Can You Recover Delay Damages After Termination?

Construction contracts and engineering contracts take a flexible approach to completion: time is not of the essence (if they were, then when the contractor was late the client could reject the works, plant or section and pay nothing) the original dates for completion of the work, plant or sections can

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What is Practical Completion?

A recent Court of Appeal case has confirmed what I tell my workshop delegates, that practical completion is easier to recognise than define Whilst shying away from hard and fast rules, and confirming it is a matter for the contract administrator to decide, the Court said: latent defects cannot prevent

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