Category: Collaboration

Administering playbook contracts

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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The playbook and collaboration

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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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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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

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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,

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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

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Digital contracts: changing conduct

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

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The Dotted Line: Carrots vs sticks

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

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