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
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
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),
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
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,
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
My talk at the 2017 CoMIT Conference 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 we cannot move to
Sir Matt Busby’s first contract as a manager for Manchester United required him to “further the quality of play of the teams and the attractiveness of their football”. It’s not just about goals scored? This got me thinking about how you define success in your contracts. Read the full edition
This is the best contract I have ever received if at any time you are not happy with my services, we can walk away and I will not charge you. It said everything I needed to hear succinctly and clearly. Your contract needs to state the scope of your services,
Early in 2018 on twitter, plain language expert Dominique Joseph (@clearerworld), Tim Cummins (@tcummins from the IACCM), Ken Adams (@KonciseD) watched closely by Stefania Passera (@StewieKee), asked who was doing a good job of making contracts more user-friendly? Initially, we got side-tracked because Dom had framed her question to ask
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