Category: TLC

Time to give up?

How long do you have to give a recalcitrant contractor to get their act together, before you are allowed to give up and get someone else to finish your project? The issue of termination is fraught with pitfalls, but cases can help you understand your rights. Cheating on a client

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Is plain language enough?

There is a growing global movement towards plain language contracts, especially for individuals or consumers. What does plain language mean and is it enough? What is plain language? According to the Plain Language Federation (and this is the definition in the proposed new ISO on the topic): A communication is

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Contracts as communication tools

We have never met anyone without a legal background who enjoys working with contracts So starts a 2013 paper by Stefania Passera and Helena Haapio which rues the fact that contracts have become stuff for lawyers rather than as a framework for successful deals and the relationships between a supply

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Extremely difficult to apply

On the front flap of A New Approach to the Standard Form of Building Contract (which refers to the 1963 RIBA form), the publishers say: By the nature of its legal terminology and complex provisions, [the form] is extremely difficult to apply in everyday practice without constant advice The book

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Smart contracts and trust

As you know, I believe one of the key things missing from contractual relationships is trust. The prevailing view is that smart contracts will assist with that. But is that really true? Trust in digital In my digital-first survey, trust with contracting partners was most closely associated with companies the

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Data-driven contracting

My 2020 survey asked more than 50 respondents across the globe and different sectors to consider various issues on digital-first contracting. From my studies on the legal technology and innovation certificate, I was aware that data should drive techno-contracting. Algorithms depend on and use historical information in the form of

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Are we ready for techno-contracting?

In the last decade, advances in technology have significantly changed our lives, from our homes to our businesses. Techno-contracting – the use of AI, machine learning or blockchain – will change the way businesses write, create, review, negotiate and sign business deals. 2020 saw a massive increase in the use

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Better information management

Building information modelling is often referred to as better information management. Even before we were regularly using BIM and the technology that enables the data sharing and processes, there were projects from which we could have learnt. Although I am no designer, this post merely passes on some tips from

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Be user-friendly

Contracts are not often described as user-friendly… more often they are noted as being the opposite. That may be harsh if it comes from a user, but it is feedback you need to act on if it comes from a judge. Not user-friendly In Blu-Sky v Be Caring the English

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Easy to find: structuring your contract

A contract is not just a set of legal terms. Contracts include: processes such as change management deliverables and KPIs works information programming payment schedules policies and codes of conduct A completed contract is a mix of commercial, operational, legal and technical items. The difficulty for most users is finding

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