Category: Trust

One-upmanship or trust?

Alan Sugar once said: I have always been an honest trader. I come from a school of traders where there was honour in the deal. No contracts, just a handshake and that’s it, done. That’s the way I prefer to do business… Can You Contract with a Handshake? looked at

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The Dotted Line: Are your clients really out to get you?

Happy New Year! Despite all the lose-weight, sleep-better, become-awesome resolutions currently being made which will quietly be forgotten in 6 weeks or so, there is one resolution you really can keep: to make sure your contracts help you do business in 2017. To help you meet that goal, I am

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Contractual Bullying: Payment Hurdles

Although you cannot avoid mandatory legislative requirements, such as the right to suspend or claim interest for late payments, some unscrupulous payers include unenforceable conditions, perhaps hoping the other does not know the law?! Another vexatious approach is to make compliance with a legal right almost impossibly tricky, creating hurdles

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8 Habits of Highly Defective Contracts

Stephen R Covey’s 7 Habits are principles to help you become highly effective. There are astonishing parallels with my specialist area of law – contracts. In brief, the first six of the 7 habits can be summarised as ‘make and keep a promise’ and ‘involve others and work out a

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The One-Page Contract

As part of my on-going research into contract writing, I reading Peter Hibberd’s (former Chairman of The Joint Contracts Tribunal) Arbrix paper How Difficult is it to Write a Standard Form Contract? He says: “How difficult is it to write a standard form contract – it depends on what one

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What’s Your Why?

Too often, when negotiating contracts or revising T&C for a client, no-one really knows why a clause is there or what it is meant to do (like the architect with his net contribution clause), or what values their contract is trying to portray. I rarely come across these sort of

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Be Open

In researching terms and conditions, I came across a Report from the Office of Fair Trading (2011) on Consumer Contracts. The Report recommends that consumer contracts are written to be open, welcoming and fair. The same applies to B2B contracts. Be open The Report defines open contracts as ones where:

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Cashflow and Carillion?

Back in 2013 when this article was written, you couldn’t fail to be aware of the debate going on in the media as a result of the announcement from Carillion that it was going to extend its payment terms for subcontractors to 120 days. Buy why does it matter so

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Is Possession Really 9/10ths of the Law?

This morning I ended up in a lively discussion over breakfast about who ‘owned’ Pooka, the cat in the photo. Our discussion was frivolous. But what about plant, materials, equipment or goods on a construction site? Then the debate really does matter. Who owns construction materials? There are two types

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