Search Results for: failure – Page 3

The crux of your contract claims

The 2021 HKA Crux Insight Report into lessons learnt from claims and disputes highlights a number of common global causes of engineering and construction claims. The purpose of the report (according to its Foreword) is to offer: actionable insight and suggestions to help owners, contractors and the supply chain navigate

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A messy contract divorce

How patient are you? Frankly, I am not sure if my home was in chaos and my son was about to sit important exams, that I’d be very patient at all! But that doesn’t mean I would be contractually ‘in the right’. This lesson comes from a relatively simple refurbishment

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Easy to access and understand?

In a recent claim for nearly £1.8m against an online betting company, the judge held that none of these features are… at first blush features of an open and fair consumer contract that is easy to access and understand. On the basis it is easier to learn from the mistakes

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The playbook and outcomes

The UK Government’s Construction Playbook has 14 key policies for reforming and modernising aspects of public sector projects (and perhaps, with luck and trickle down, the private sector too). However, it will need some robust contract tools to bring those ideas to fruition. In a series of posts, I consider

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What is risk?

This is the best definition of risk I have ever come across: Risk provides us with opportunities while exposing us to outcomes that we may not desire Diversity Dashboard Risks are not simply negative outcomes – bad things that may occur – risks are also positive outcomes – good things

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Are you ready to make digital contracts?

Rather than blinding leaping onto the digital bandwagon, STOP! Let’s consider if you are ready for or even need digital contracts. I’ve been speaking to Mo Shana’a from Morta regarding questions he asks a company to see if they are motivated to change their current ways of working. Imposed changes

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What you need to know about getting paid

Cashflow is King. Yet getting paid is a perennial problem across all projects, sectors and countries. But do you know how bad it really is? Global data According to the IACCM 2015 Report Payment Terms: Do Large Companies Abuse their Power?: 51% companies find that negotiating payment terms is becoming

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What can a client recover under IChemE Red Book?

As my introductory post on IChemE sets out, there are some significant limits under the Red Book on the rights of the purchaser to recover losses. What can you do about it? This post considers the purchaser’s remedies. Remedies As the purchaser – either yourself or through the project manager

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Limits on the contractor’s liability under MF/1

MF/1 is a balanced contract providing plenty of opportunities for the purchaser to check the performance of the works – through three series of tests – before the contractor is released from liability.  It also clearly sets out limits on the contractor’s obligations. Limits on scope If you are acting

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What can a client recover under MF/1?

As my introductory blog on MF/1 sets out, there are some significant limits under MF/1 on the rights of the purchaser (client or employer) to recover losses. What can you do about it? This blog considers the purchaser’s remedies. Remedies As the purchaser, you – either yourself or through the

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