No-one cares what you think your contract meant… As an English court said: What each of the parties intended or understood by their written and spoken communications is irrelevant unless that intention or understanding was shared with and agreed or accepted by the other party. English legal rules on contract
Do we set small comfortable objectives in relation to our contracting process and then execute them in a small way? Are you more excited by contract evolution than contract revolution? If you want to stay small, or avoid failure, then don’t start a contract lifecycle management (CLM) process. But if
We need contracts that are easy to operate and easy to use to gather relevant data. Simplification deals with the easy to operate bit. At the World Commerce and Contracting EMEA Summit 2022, Stefania Passera, their designer-in-residence challenged her audience of contract and procurement specialists to rethink contracts. She suggested
When I first started my journey to contracts in just 500 words, I focused mostly on content. Simple balanced effective content. I worked with an information designer who added some visuals, structure and design. I didn’t want my samples to look like walls of text! Together we had the beginnings
On the front flap of A New Approach to the Standard Form of Building Contract (which refers to the 1963 RIBA form), the publishers say: By the nature of its legal terminology and complex provisions, [the form] is extremely difficult to apply in everyday practice without constant advice The book
Building information modelling is often referred to as better information management. Even before we were regularly using BIM and the technology that enables the data sharing and processes, there were projects from which we could have learnt. Although I am no designer, this post merely passes on some tips from
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
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
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
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