Although I am a fervent advocate for simpler contracts [see better contracts by design, or steps to simplification], for many businesses a simple document in MS Word is no longer enough. In 2017, I helped The Federation of Master Builders move from complex text documents to adobe forms (an editable
I’ve said it before, and it’s worth repeating… until they sign on the dotted line they are not a client, they are a prospect. So your contract is part of your marketing resources – a seamless set of resources, on-line and off-line collateral and actions, that reflect your brand. What
There is no point having a simple and effective set of terms and conditions (T&C) if you don’t manage to get them included in your contracts. If you haven’t managed to get a contract signed, can T&C printed on the reverse of your invoices count? Incorporating T&C There are a
If you don’t have a signed contract, you are creating trouble for yourself. To prove your rights and remedies, you will need to overcome various evidential hurdles to prove the 5 requirements for a contract. What happens when your carefully crafted contract is lost from a computer late at night,
the construction industry has steadfastly adopted [an] anarchic approach to contract formation… formalities in the construction industry are typically left until the contract is half-completed and, in many cases, until after the performance of the contract is actually complete Process is not really a strong point in the UK construction
Although we have had enforceable contracts in English law for 150+ years, the process by which they are formed remains something of a mystery. Our contract processes have been called ‘haphazard’, our approach ‘cavalier’, and we get stuck in endless games of email contract tennis. One way to resolve some
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
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
Collected at last, links to my LinkedIn posts on letters of intent A How Can You Accept a Letter of Intent What is the legal equivalent of ‘hell yes’? B What to Do Before Sending A Letter of Intent Searching questions to check a letter of intent is the right
This statement perfectly explains why letters of intent are meant to be temporary: The execution of a contract is to be seen not as a mere aspiration but rather as fundamental. It is the contract that defines the rights, duties and remedies of the parties and that regulates their relationships.