Category: Technology

What are digital contracts?

5000 years ago, most contracts were oral, scratched into clay tablets with a reed or laboriously transcribed onto animal skins or papyrus. In our modern, hyper-connected world – the digital age – you can create a contract in many different ways: Paper-based (hard copy) Electronic (soft copy) Digital (created, signed

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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

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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

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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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Digital contracts: changing the language

Although 86% of the audience at the 2017 CoMIT Conference did not think language was the biggest barrier to digital contracts, we cannot automate our current contracts. The problems include: Jargon: the legal language is one-sided and full of jargon so the obligations are not universally understood within our industry,

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Digital contracts: using technology

At the 2017 CoMIT conference, I proposed that the three barriers to moving towards digital contracts were technology, language and conduct. Unsurprisingly for an audience attending a conference on the construction opportunities for mobile IT, 75% said technology would be the first barrier to digital contracts that we successfully remove

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Is jargon useful or ridiculous?

The Winfield Rock Report Overcoming the Legal and Contractual Barriers of BIM reported that BIM aficionados expressed ‘sympathy for lawyers having to wade through endless jargon’. Te he he! For once the boot is on the other foot. I spend my life helping professionals overcome jargon: writing jargon-free contracts, training

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Barriers to BIM

The Winfield Rock Report Overcoming the Legal and Contractual Barriers of BIM [available here] is a great step-forward in explaining both the essentials of BIM and the barriers to its adoption. As a contract and plain language specialist, the Report chimes with my experience: too much jargon too many initialisms

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Readability and smart contracts

Beyond considering the role of contract visualization, Stefania Passera’s doctoral dissertation Beyond the wall of contract text (2017) she also looks at the functions of contract. Her conclusions are critical for contract creators like me who believe that the purpose of a contract is not merely to safeguard rights and

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What are smart contracts?

A smart contract means a ‘computer protocol intended to digitally facilitate, verify, or enforce the negotiation or performance of a contract.’ [source] A smart contract is therefore the code – it has been said to be neither smart nor a contract! Smart contracts are also referred to as intelligent contracts.

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