What is collaboration?
Collaboration = better solutions to situations + stronger relations among participants (Patrick Aylward) Do you agree?
September 7, 2021
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
January 26, 2021
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
January 19, 2021
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
May 19, 2020
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
May 8, 2020
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),
December 10, 2019
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
November 12, 2019
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,
April 30, 2019
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
February 19, 2019
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
June 5, 2018