Category: Trust

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 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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Trust – does your contract show it?

The length (and contents) of your contract gives off so many first impressions to would-be clients. A contract that’s just a couple of emails risks not covering the bare minimum, and a long contract with in-depth legal stipulations may showcase a lack of trust. So what is the ‘Goldilocks measure’

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Right to finish (part 2)

Do you really want to sign up to a contract that allows your client (or the main contractor) to keep taking work away from you and giving it to someone else? Contracts both entitle and oblige the provider to perform the whole of its scope – what I call a

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Retention as leverage

What is the retention? Is it, as I have suggested, the contractor’s money which the employer is holding to ransom? Is it security for any defects discovered during the defects period which the contractor fails to put right? Is it a form of commercial leverage? In Yeovil v The Stepping

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Trust and the wrong tone

Dominic Cummings, a UK Government advisor, was outed for an ill-conceived trip to Barnard Castle during the Spring 2020 lockdown (a place which ought to be famous for its mechanical silver swan rather than policital shenanigans). In his statement, he made a series of increasingly bizarre claims about testing his

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The ideal subcontract

The scandal of construction, according to the Huxtable Report (1983) is: the persistent and continuing imposition as a matter of deliberate policy… of onerous and unfair subcontract conditions. An ideal subcontract, said the Report, was which set out the rights and obligations of the subcontractor as clearly as possible, was

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Responsible and fair

In the light of the Covid-19 pandemic, parties have been burrowing into the depths of their small print like never before. I am not convinced this is the answer. For once, I am NOT alone! The UK government has issued guidance for parties to public sector contracts (PPN 02/2020) and

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What does co-operation really mean?

Is it enough to just cc people into emails and hold a few meetings so everyone is informed about progress? Short answer: no. Long answer, read on… Rubbing along together Although there is no overriding duty of good faith under English law (a limited duty appears in some relational contracts),

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