Category: Write

What Is Your Safety Net?

When writing your contract, you may be tempted to see it as a form of safety-net. Rights and remedies… This means your contract will inevitably focus on what will happen when things go wrong. Is this really a good start to a client relationship? How do you think it makes

Read More »

Why Write Simpler Contracts?

A good speech is like a skirt – it should be short enough to be interesting and long enough to cover the essentials… Churchill The same is true of a good contract. Short enough to be read. Long enough to cover the essentials. In the construction industry, we have (2018)

Read More »

5 Steps to Write Your Contract

Contracts are tools to help you do business, and in that sense, you (rather than a lawyer) might be the perfect person to write your own contract. This might seem counter-intuitive coming from a contract specialist, who helps companies to write their own contracts. When I work with clients, I

Read More »

Write Your Contract: Answer Your ‘Why’

There is no point deciding to write a contract until you have decided it’s purpose. What is your contract meant to do? Here are some suggestions: Create Trust You may decide that your contract should create trust between you and your business partners. Your contract acts as a joint document

Read More »

Why Improve Your Legal Writing?

“To be clear is to be efficient; to be obscure is to be inefficient. Your style . . . is to be judged not by literary conventions or grammatical niceties but by whether it carries out efficiently the job you are paid to do.” As the author of the 500

Read More »

Your Contract Style

There isn’t one way to draft a contract or legal document, whatever you may have been told. These tips will help you create a better contract. Any Format In England/Wales, there is no specific format or style or content for most contracts. It doesn’t even have to be written down.

Read More »

10 Essentials for a Construction Contract

I have been developing a set of minimum requirements for construction contracts. Rather than start with a contract and edit madly, I started with a blank sheet of paper and worked out what I needed. I decided on ten essentials. First and foremost you need to know who is involved:

Read More »

Set Reasonable Delay Damages

Liquidated (or delay) damages are pre-set damages (listed in the contract) which make it simpler and quicker to recover compensation when the other party to the contract defaults or commits a breach. One such example is the notice from a hotel chain to charge £100 if a guest smokes in

Read More »

A More Reasonable Limit: Offer Alternatives

One of the hardest items in a contract to draft effectively is any limit on your liability. Some of the reasons are: they get a lot of focus in the courts who interpret them strictly i.e. the court will only allow you to rely on a limit if it is

Read More »

What’s Your Why?

Too often, when negotiating contracts or revising T&C for a client, no-one really knows why a clause is there or what it is meant to do (like the architect with his net contribution clause), or what values their contract is trying to portray. I rarely come across these sort of

Read More »