Tag: aims

IChemE Fitness for Purpose

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the IChemE

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MF/1 Fitness for Purpose

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the MF/1

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NEC4 Fitness for Purpose

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the NEC4

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FIDIC Fitness for Purpose

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the FIDIC

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Fitness for Purpose aka Promising the Impossible

One of the contract traps for anyone providing construction works is a fitness for purpose obligation. This type of strict liability output obligation is rarely expressly included in a construction contract* (one of the arguments being that it is not covered by standard insurances). However… Fit for furpose Whenever I

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Review Your Scope: Is It Included?

To work out whether works, goods or services are ‘extra’ ie a change to the original scope, you need to know the original scope of the works as well as how your contract defines changes/variations/extras. However, the definition of a change varies from pretty wide (eg JCT), to narrow (MF/1)

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How Flexible Should Your Scope Be?

According to the NBS Contracts and Law Survey 2018, scope creep disrupted projects more than any other factor:                           Variations were also the main cause of 42% of disputes. So what can we do about scope creep? Are

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Working in Tandem: Double Trouble or Total Trust?

Most contracts, whether in the construction industry or not, are based on a ‘bilateral’ relationship i.e. two legal people working towards a common goal. This is the bare bones of contracting. As the proud stoker of a tandem for the last 18 years, the analogy between tandem cycling and contracting

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Simplify Your Contract Strategy

The organisation Clarity is brimming with lovely lawyers and legal consultants fascinated by how we can simplify legal documents and overcome the barriers to changing traditional drafting. After a recent meeting, Cathy Wilcox introduced me to the Pathclearer project, and its developer – Steve Weatherley then Head of Legal at

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Great Things Come in Small Packages

David Hyner is terrified by detail, and Mike Pagan believes that contracts can be watertight, so how would they find talking to a construction contract lawyer? In my coffee shop podcast with YourBFG they asked me for my ‘mantra’ that kept me going… I remembered my mother’s words to create

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