Category: Write

Excluded Claims

There are a number of ways of responding to possible risks events: one option is to exclude your responsibility (or liability) for specific types of claims or specific categories of losses. These terms which give effect to that option are ‘exclusion’ clauses (also known as exemption clauses). The Court of

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Beware Unfortunate Consequences

If the other contracting party is in breach, you can can bring a claim for damages to put you in the position you would have been in had the other performed its duties under the contract correctly. Under English law, damages (or compensation) can only be recovered if they are

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When is payment really due?

The Construction Acts 1996 and 2009 introduced a process for payment for construction contracts, based on payment by instalments. However, the Acts also introduced some terms which can confuse you, as all is not what it appears: the due date: this is not the date on which the (sub)contractor can

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Needless Long Words

I have read dozens of academic papers, I am often struck by how they morph into technical jargon and long words. I was told by one lecturer that they have to be impenetrable “it’s what’s expected”! Heck, I even wrote one myself on limits and incentives in letters of intent

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Hoorah for Clauses

Hoorah! Not for Santa clauses (!)… instead I am referring to the means contact writers have for splitting the huge amount of data in a construction contract into manageable chunks. From studies by Miller in the fifties, it has long been known that we have a limited span of working

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Avoid Disputes with Wedding Cakes

Having considered the importance of clarity and records in avoiding disputes (both easier said than done), Susannah’s last post reviews the role of contract clauses that set out a series of dispute resolution options. These are tiered procedures, hence their nickname ‘wedding cake clauses’. Although you cannot avoid a dispute

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Avoid Disputes with Records

Having considered how a clear contract can help you avoid disputes, Susannah Lee, an expert disputes solicitor,  looks at how disputes can be won and lost with records. Records are an essential (if boring) part of contract management. Max Abrahamson wrote A party to a dispute… will learn three lessons

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Avoid Disputes With Clear Contracts

In the first of series of 3 posts, Susannah Lee, an expert disputes solicitor,  looks at how clarity in your contract can help avoid disputes – which cause long term damage to your skilfully nurtured business relationships.  Construction projects are prone to disputes because of their technical, procedural and managerial

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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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Lessons from Failure: Check the Technical Data

I would like you to (1) learn from the failures of others (the quickest, cheapest and least painful approach) and (2) embrace the idea that failure is not optional – it is your best friend. Lesson: check the technical data In November 1999, NASA lost a $125m satellite, the Mars

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