Category: Law

Unenforceable Conditions

When writing a contract, you may be tempted to use the kitchen sink approach ie shove in terms that you like… irrespective of whether they: help you do business build trust create clarity manage expectations avoid disputes One type of term, which surely meets none of these aims for a

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Catastrophic Conditions Precedent

Last week I was working with a specialist subcontractor client to improve their management of contractual risk (as their MD put it). As part of a workshop on Contract Awareness, I asked various staff to read a variety of T&C and answer questions such as: when are you going to

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What Is A Condition Precedent?

A condition precedent is a clause or term which one party MUST comply with before it is entitled to other rights or remedies. It’s like a contract bouncer – if you don’t have the right code then you don’t get in. Examples The UK standard forms contain a selection of

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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

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Bare Minimum for a Contract

There are five legal essentials for a contract in English law: Offer: a promise to do something Acceptance: a nod, handshake, email or other action which accepts that offer (it has to be a ‘yes‘ (or ‘hell, yes‘) rather than a ‘yes, but…‘) Consideration: price, exchanged services or anything of

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Busting Your Variation Myths

A contract for the execution of work confers on the contractor not only the duty to carry out the work but the corresponding right to be able to complete the work which it contracted to carry out… contracts contain provisions to enable the employer to vary the work in order

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5 Steps to Write Your Contract

Contracts are tools to help you do business, and in that sense, you (rather than a lawyer) might be the perfect person to write your own contract. This might seem counter-intuitive coming from a contract specialist, who helps companies to write their own contracts. When I work with clients, I

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Your Contract Style

There isn’t one way to draft a contract or legal document, whatever you may have been told. These tips will help you create a better contract. Any Format In England/Wales, there is no specific format or style or content for most contracts. It doesn’t even have to be written down.

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What is the Battle of the Forms?

Since 1977 lawyers have talked about the importance in contract formation of the ‘battle of the forms’. What is this and how does it affect you if you are in business? What is ‘The Battle of the Forms’? Lord Denning coined the phrase ‘battle of the forms’ in Butler Machine

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Fair Payment In Construction

The Government Construction Strategy 2025 set out a blueprint of how to create a modern, effective and sustainable construction industry. It’s aim was – through initiatives, policy and legislation – to ensure that: “Construction in 2025 is no longer characterised, as it once was, by late delivery, cost overruns, commercial

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