Category: STAR

Clear Contracts Create Success

In studying the role of contract visualization, Stefania Passera’s doctoral dissertation Beyond the wall of contract text (2017), she cites research that: Clear and implementable contract terms are crucial in building successful business relationships Well-structured and well-developed agreements foster better relations Long-term successful relationships require strengthened terms on communication, role

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Lessons from Failure: Check the Technical Data

I would like you to (1) learn from the failures of others (the quickest, cheapest and least painful approach) and (2) embrace the idea that failure is not optional – it is your best friend. Lesson: check the technical data In November 1999, NASA lost a $125m satellite, the Mars

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Trust in the Supply Chain

In his Forbes article (the Most Valuable Business Commodity: Trust), David Williams proposed that trust within an organisation existed when 9 behaviours or actions were evident. Six of these apply as much to a construction supply chain as to any member of that supply chain. The behaviours are signs of

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The Dotted Line: Who do you trust?

My fortnightly tips are intended to build your confidence in the skills you need to write, understand and use contracts. After a couple of bad experiences with clients who turned my trust into trouble, I decided there had to be another way to run my business. My decision to work

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Working in Tandem: Double Trouble or Total Trust?

Most contracts, whether in the construction industry or not, are based on a ‘bilateral’ relationship i.e. two legal people working towards a common goal. This is the bare bones of contracting. As the proud stoker of a tandem for the last 18 years, the analogy between tandem cycling and contracting

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The blame game

Dy Lynda Shaw in her book Your Brain is Boss says: So often we do not see or hear accurately what someone is trying to communicate, because we get the gist and fill in the gaps according to our own experience and perception so far. You may recognise some of

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Fool-proof contracts

Good advice when creating contracts: You can draft a contract with the aim of making it either fool-proof (by drafting it in simple terms) or rogue-proof (by drafting complex, detailed terms), but not both This comes from a speech from Max Abrahamson, whose principles of risk management in construction contracts

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Readability and Trust

In Verity White’s Secrets of Productive Contracts she says: The easier your contract is to read, the more trustworthy you and your company seem But is it true? Where’s the evidence? My contract tips [sign up] have reviewed some of the issues: Easier to read = easier to use ‘People

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Disastrous Disputes

Weirdly, avoiding disputes does not seem to be a key factor driving the drafting of contracts (although PPC2000 might be an exception). However, given the rising cost and time involved in resolving disputes, as well as the damage to reputations and the sustainability of a company, it should be. My

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Your Contract Pains

I love the idea that we could create contracts that ordinary people will read, understand and use. Verity White’s Secret of Productive Contracts is another step in the right direction. Verity’s focus is on paperless contracts to speed up the contracting process. I was both delighted and a little bemused

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