Category: Simplify

Change behaviour (with contracts?)

Trying to change embedded behaviours is difficult – it’s hard enough in children, never mind adults! When discussing contracts, do you consider how the terms and processes will affect the users? Do contracts change behaviours? Of course, the contract could just represent what the parties already do. But surely that

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Who wants simpler contracts?

According to recent data from World Commerce and Contracting, 48% of companies are interested in simplifying their contracts. That’s a significant minority of the whole global corporate landscape. But why? What’s wrong with complex contracts? Contractual complexity is bad for business. End of. But if you want to know the

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Mind your language… to avoid disputes

What are the best ways to avoid disputes on construction projects? You’d fully expect me to recommend a decent contract, but don’t just take my word for it. This post reviews the 2021 Arcadis Global Disputes Report to extract the nuggets you need to avoid disputes on your projects. Tips

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Easy to access and understand?

In a recent claim for nearly £1.8m against an online betting company, the judge held that none of these features are… at first blush features of an open and fair consumer contract that is easy to access and understand. On the basis it is easier to learn from the mistakes

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What does your clause mean?

What your contract means is essentially decided by strangers. What you personally think is utterly irrelevant because of the importance of an objective view. What previous cases have said about an individual term or clause is also largely irrelevant because of the importance of context. Interpreting your contract When deciding

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5 reasons not to simplify your contract

In the interests of balance, I ought to explain not just why you should simplify your contracts but also provide some of the arguments I have heard against the idea. Don’t simplify Here are the five most popular excuses I have heard for keeping to the norm of complex, one-sided

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Why simplify your contracts?

Contracts are the lifeblood of business. We’ve been using them for millennia, so why should your business follow the global trend and focus on making them simple? Contracts should: effectively communicate what each company involved in the project needs to do (allocating responsibilities) reflect the changing needs of the parties

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How to simplify your contracts

Assuming you all somewhere have a contract, agreement or set of T&C that are perhaps a little on the bloated side, where would you start with simplifying them? 6 steps to contract heaven First, consider the purpose of your contract. Is it primarily to manage to transaction/project or to enforce

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Contracts that perform in practice

Contracts are tools to help you do business. Your contract must perform for you on your projects – it should be easy to use and responsive to your and your clients’/suppliers’ business needs. Practical processes We could spend a long time debating which are the most critical terms in a

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Trust-enhancing terms

As well as having a positive process, the terms in your contract can (and should) enhance the trust you already have* with your client/supplier, both through specific terms and through their general style and tone. Demonstrating trust First, check which of the 8 Habits of Defective Contracts you are guilty

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