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 memory and also a limited span of absolute judgment.
User-friendly layout
If we want a contract user to read and understand the content so it can follow its duties and responsibilities, we need to:
- structure contract information and terms into user-based themes (not legal chapter headings),
- drip-feed information slowly, rather than bombard the reader immediately; this is why many of the contracts I write start with the data for the project in a table format as it provides the who, what, why, when, how, and how much in one single ‘reference’ page,
- delete all extraneous data that interferes with reading and understanding the core clauses – this is why my contracts start with a framework of 500 words not 50,000,
- chunk information into meaningful categories – use clause headings which singpost the content a user needs rather than relying on legal jargon,
- order terms so the document starts with the critical obligations – for example, my contracts tend to start with two sections outlining the key obligations of the two parties. This recognises that the primacy effect means that readers will remember the first sections of a contract better than the middle,
- provide different methods of understanding key principles – this is why the Federation of Master Builders revised contracts include a project timeline to illustrate how cancellation, changes and instruction can alter the works period. It also embeds guidance notes underneath the relevant clause so there’s no flicking backwards and forward, with the risk of losing your thread or getting overwhelmed.
What should you do?
As well as considering the content, consider how you structure that content. Take an approach that focuses on the user not just legal traditions.
[Updated January 2024]
