Category: TLC

Negotiating for Win-Win

Negotiation tactics commonly used in the construction industry are a mix of psychological manoeuvres to get the best deal, ploys designed to change the other’s perception of their power and game plays that pressurise you to reduce your expectations. In this post, Derek Arden, author of Win-Win, How to Get

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EQ in Contracts

EQ is a measure of a person’s emotional intelligence. How many contracts make any reference to the need for a good standard of EQ? None? Interestingly some of the key skills for emotional intelligence in business, as mentioned in Dr Lynda Shaw’s book ‘Your Brain is Boss‘ are directly relevant

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The blame game

Dy Lynda Shaw in her book Your Brain is Boss says: So often we do not see or hear accurately what someone is trying to communicate, because we get the gist and fill in the gaps according to our own experience and perception so far. You may recognise some of

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Fool-proof contracts

Good advice when creating contracts: You can draft a contract with the aim of making it either fool-proof (by drafting it in simple terms) or rogue-proof (by drafting complex, detailed terms), but not both This comes from a speech from Max Abrahamson, whose principles of risk management in construction contracts

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Avoid Ambiguities at All Costs

The UK Supreme Court have recently revisited the thorny issue of fitness for purpose (and millions of Euros depend on the answer). How can you avoid the embarrassment of publication riches afforded by a Supreme Court decision, as well as months in court (the decision was given 8 years after

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Serendipitous Simplicity

Simplicity means is best described using this definition of plain language A communication is in plain language if its wording, structure, and design are so clear that the intended audience can easily find what they need, understand what they find, and use that information. Source: International Plain Language Federation So

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Disastrous Disputes

Weirdly, avoiding disputes does not seem to be a key factor driving the drafting of contracts (although PPC2000 might be an exception). However, given the rising cost and time involved in resolving disputes, as well as the damage to reputations and the sustainability of a company, it should be. My

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Your Contract Pains

I love the idea that we could create contracts that ordinary people will read, understand and use. Verity White’s Secret of Productive Contracts is another step in the right direction. Verity’s focus is on paperless contracts to speed up the contracting process. I was both delighted and a little bemused

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Contractual Eloquence

I have been reading The Elements of Eloquence by Mark Forsyth (author of the Etymologicon) in which he explains and illustrates some of the figures of rhetoric. I was struck by how many of these are beloved of lawyers and contract writers, without their users even being aware that they

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Process of Writing a Readable Contract

Now you are convinced of the benefits of readable contracts [read more], this post describes a process for writing those contracts with ideas from ‘The Art of Readable Writing’ (1949) by Rudolph Flesch. Effective Writing It is common ground that the [contract] in this case would win no drafting prizes

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