Category: TLC

Good Relations

Relational contracts can be identified by looking for these characteristics: no express terms preventing an implied duty of good faith* long-term contract in context of a long-term business relationship parties intend to perform their roles with integrity and fidelity to the bargain parties are committed to collaborating in performing the

Read More »

Going digital with e-signatures

Your clients no longer need to sign on the dotted line… or more accurately not with a pen. The Law Commission has recently confirmed that e-signatures are a valid means of executing contracts. No more printing, signing, scanning and emailing an attachment back to complete the steps of acceptance. All

Read More »

Culture change for BIM

The Cultural Impact of Implementing Building Information Modelling (BIM) in the UK Construction Industry (Andrew Johnson) confirms that using BIM requires a fundamental change in working style, which is a massive cultural shift from an adversarial culture to a collaborative culture. BIM requires all project partners to: collaborate, share data,

Read More »

Technology for BIM

Digital construction, like BIM, has no universal definition. Digital construction is the use and application of digital tools to improve the process of delivering and operating the built environment [B1M] Digital construction includes – but is not limited to – Building Information Modelling; although technology is one of the 4

Read More »

Collaboration for BIM

Collaboration is not just a key interest of mine (read my posts) but it is also one of the 4 essentials for BIM. In SCL paper D101, Ashcraft states that liability concerns have lead practitioners, and their lawyers, to contractually isolate the BIM – thus depriving the model of its

Read More »

Legal Design for User Needs

I have gone back to school – in December 2018 I joined the Legal Creatives Academy, an on-line legal design school run by Tessa Manuello. Her multi-faceted approach to legal creativity is not based on innovation for the sake of it. It is not designed primarily to save the time

Read More »

Everyone Prefers Simplicity

Christopher Trudeau (and Christine Cawthorne) have repeated their 2010 study of preferences in legal documents and communication to find out how lawyers can better serve their clients and the wider community. The conclusions? Their 2017 report says: clear legal communication is vitally important legal information is very widespread (with 80%

Read More »

Contracts: Classic Cognitive Overload

Have you ever read something for a particular interest or need, and realised it applied to your pet topic? That’s what’s happening as I read Presentation Genius by Simon Raybould. Although it’s about how you can become a presentation genius, it has plenty of applications to contracts. This post looks

Read More »

Needless Long Words

I have read dozens of academic papers, I am often struck by how they morph into technical jargon and long words. I was told by one lecturer that they have to be impenetrable “it’s what’s expected”! Heck, I even wrote one myself on limits and incentives in letters of intent

Read More »

Digital Contracts: Conduct

My talk at the 2017 CoMIT Conference (read the live blog) drew parallels between banking and construction because banking was based on trust (hence the term ‘rich as Croesus’ as he mastered the art of trustworthy coins as tools to stimulate commerce in Lydia). The former chair of JCT said

Read More »