Category: STAR

Trust in construction

At a Constructing Excellence event, I was one of a panel debating the issue of trust in construction. We discussed these themes and challenges: trust from the public: the Grenfell tragedy and inquiry have eroded public trust; there are sector initiatives which may start to rebuild that trust but we

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Record it fully

The problem with being too focused on the deal, is that sometimes you don’t record what you think you have both agreed. In Donovan v Grainmarket (2021), the Court of Appeal said: the task of deciding what the parties had agreed was not easy [as] the parties’ contract was not

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Contracts that are fit for their purpose

What is the purpose or function of a contract? Is the focus legal or operational? According to research from World Commerce and Contracting, contract users defined at least 11 functions for contracts including: legal: a record of the parties rights and responsibilities; protection and remedies in the event of a

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Contracts as User Guides?

Contracts have a wide variety of functions, but one which is too often overlooked is their role as a communication tool. For that they need to be accurate, legally sound and enhance trust. Communicating trust Trust is a many-faceted word, combining concepts of integrity, intent, capabilities and results (or, as

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Will machines jeopardise your working relationships?

My sneak peak at the responses so far to the 500words digital-first contracting survey shows some interesting trends on how current practices in contracting vary and how they might change in the future. So how might changes to the business landscape impact construction contracting? Will contracts embrace the rise of

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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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The playbook and outcomes

The UK Government’s Construction Playbook has 14 key policies for reforming and modernising aspects of public sector projects (and perhaps, with luck and trickle down, the private sector too). However, it will need some robust contract tools to bring those ideas to fruition. In a series of posts, I consider

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The fair play book

The UK Government’s Construction Playbook has 14 key policies for reforming and modernising aspects of public sector projects (and perhaps, with luck and trickle down, the private sector too). However, it will need some robust contract tools to bring those ideas to fruition. In a series of posts, I consider

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What is risk?

This is the best definition of risk I have ever come across: Risk provides us with opportunities while exposing us to outcomes that we may not desire Diversity Dashboard Risks are not simply negative outcomes – bad things that may occur – risks are also positive outcomes – good things

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Risk – is your contract set in stone?

Entering into a contract is a bit like the giddy phase of getting cosied up or married — everything appears rosy and full of excited anticipation. But there’s the real risk of things going wrong if the relationship isn’t nurtured or doesn’t produce the results that you expect. Ultimately, if

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