Category: Review

Quality: Fit for What Purpose?

Fitness for purpose is a phrase much debated and bandied about. But what does it really mean? What your contract needs If you want your contract to provide a project which is ‘fit for purpose’ you need three things: a contractor responsible for both design and construction (either D&B or

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Your Contract’s Hidden terms: Implied by Statute

However well-drafted your contract is, there are some terms you cannot avoid and which may be added into your contract. Implied terms can be added to your contract, without your knowledge. They can arise from custom, be imposed by statute (legislation, laws, rules and regulations), or from decisions of the

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Your Contract’s Hidden Terms: Implied By Custom

However well-drafted your contract is, there are some terms you cannot avoid and which may be added into your contract. Implied terms can be added to your contract, without your knowledge. They can arise from custom or practice (general, mercantile or local), be imposed by statute, or from decisions of

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Review Your Contract: Scope

The first element in my STAR analysis is Scope. When reviewing a contract, it is critical that the obligations of both partners are clearly set out. Often the provider – the company providing the goods, materials, and plant or carrying out the works or performing the services – gets all

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Review Your Contract: Key Aim

In most contracts, there is a balance to be struck between 3 key aims: time, cost and quality. It is impossible to have the best of all three. The British Library project is a great example of when the decision-makers chose quality as their priority, sometimes without thinking about the

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Review Your Contract: Risk

The final element in my STAR analysis is Risk. Risk v Reward When reviewing your contract, you need to strike a balance between risk and reward (harm v benefits). Risk is inextricably linked to price and cost. If your deal seems too good to be true, it often is! In

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What Does Warrant Mean?

As I am a construction lawyer, you will forgive the occasional foray into my specialist subject for clauses of interest. In a collateral warranty for a leisure centre. Warrants, acknowledges and undertakes In a collateral warranty relating to the construction of a leisure centre, clause 1 stated: “The Contractor warrants,

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10 Lessons from NEC3

In 2013 the University of Salford hosted an event (organised by the Constructing Excellence Manchester Best Practice Club) at which over 100 people heards about the Pitfalls of NEC3. What struck me was that many of the knotty problems associated with NEC3 apply to any form contract. What you should

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Ignorance is No Defence

Your knowledge of the law is irrelevant to your liability. Given that you have to comply (whatever your contract or conscience says), why do most contracts require the parties to comply with statutory requirements? Clarity Although ‘ignorance is no defence’, contracts are tools to help the parties to understand their

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Do You Read Your Contracts?

The first stage for reviewing a contract is to read it. Best practice, as set out in Which Contract? suggests that you ‘study its contents and understand its implications’. Some of you do not read your contracts: you let them gather dust. If you don’t read your contract, it goes

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