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
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?
Financial limits in letters of intent are used to protect the client – because they rarely include a fixed price and are relying on ‘reasonable costs’ – and as an incentive for the contractor to sign the full contract. These limits on the client’s liability to pay for works are
Often in contracts, clauses relating to using and sharing information are split into ‘legal chapter headings’ ie topics that make sense to the contract writer but don’t necessarily reflect the needs of the contract user. When I create contracts I prefer a user-focused heading like ‘using and sharing documents and
Your contract needs to reflect a variety of aims or objectives for the parties and for the project or task: Core Aims It is trite to say projects need to balance time, cost and quality. That means any contract has to strike a balance between getting the goods, works or
Many disputes in the construction industry are about the quality of the finished project. Did it meet the parties’ explicit and implicit expectations and objectives? To take just a few examples: Should a TV mast have remained standing on Emley Moor, Yorkshire so it could transmit TV signals in snow
Payment has always been a major cause of friction for construction projects – greater transparency and fairness for suppliers was one of the drivers behind the Construction Acts 1996 and 2009. Many construction disputes, especially adjudications, revolve around whether the supplier has been paid what it believes is a ‘fair’
At least one-third of UK construction projects finish late – not against their initial schedule but against the extended one! What this means is that time is less important – or at least less prioritised – than time or money. [You do need to determine which is the client’s key