Subcontracts are used throughout the modern global economy. On a construction project they enable a contractor to buy in expertise. The contractor stays legally responsible for carrying out all its scope of works, and will try and safeguard its position by mirroring key obligations, processes, and quality requirements from the main
How are you at treading the high-wire? Whilst it may not seem relevant, I’m asking because high-wire acrobatics is nearly as hard as treading the fine line between suspending works and abandoning the project. Because of this, my 500-word contracts do not include a right to suspend carrying out works
The purpose of a contract is to give you both the right and the duty to provide the entire scope envisaged in your agreement ie all the agreed goods, works and/or services. But what if you want to split up before then? As my book on Small Works says As all construction projects
A few decades ago, we were ‘played’ as tourists at an Edinburgh restaurant during the Festival. Steve, our knowledgeable host, ordered a specific bottle of wine. When the waiter returned, he said that wine was not available but suggested a ‘similar’ one. As a canny diner, Steve asked the price,
Are you sitting comfortably? Let me tell you a story about a road scheme in Cheshire where I live. The A555 road scheme was finally completed about 3 years ago to provide a link between the A6 and Manchester Airport. Unfortunately, it regularly floods and the road is again shut to traffic. I joked
When it comes to contracts, quality standards can present some real difficulties. Recently, Gary from Luxembourg challenged whether the clause in my sample letter of intent asking a contractor to use reasonable skill and care was ‘good enough’. Do you define an input or output standard? Or do you leave it to
You can improve trust in your contracts by creating transparency and clarifying expectations as well by explaining the consequences if the project veers off track. Although I am not generally a fan of using your contracts predominantly to set out what will happen if the project goes wrong, this post
The owners of a new luxury hotel refused to pay their interior design consultant’s bill, alleging defective goods (which she sourced and supplied); but what was the deal and were they right? The first question for the court is always: was there a contract and if so, on what terms?
According to the World Commerce and Contracting Most Negotiated Terms Report 2024, tricky limit on liability clauses get the most attention during contract negotiations, irrespective of who is in charge! Isn’t that odd? Limitations are only ever relevant when there is a legal dispute and therefore rarely make a difference.
Simplifying contracts is not just a matter of taking each clause and making it plainer language. Our task is also to ensure all the contracting documents fit together neatly. Our goal is seamless sales… from start to finish! Coffee on the go We were asked to help a coffee business