Tag: contract planning

Why risk it?

Do you know your place? According to the English courts, the very idea that a sophisticated contract was negotiated with the host of a posh drinks reception at the Wallace Collection, London would have been ‘socially dysfunctional and commercially inappropriate‘. A company specialisting in advice for mergers and acquisitions (Moorgate

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Can you rely on heads of terms?

If you don’t have a signed contract, you are creating trouble for yourself. To prove your rights and remedies, you will need to overcome various evidential hurdles to prove the 5 requirements for a contract. What happens when your carefully crafted contract is lost from a computer late at night,

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Winning the Contract Battle

Although we have had enforceable contracts in English law for 150+ years, the process by which they are formed remains something of a mystery. Our contract processes have been called ‘haphazard’, our approach ‘cavalier’, and we get stuck in endless games of email contract tennis. One way to resolve some

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Review: Spotting Conditions Precedent

Conditions precedent [conditions that don’t build trust] are requirements that must be met before either (1) the contract as a whole comes into existence, or (2) a specific right under that contract will apply. Your contract won’t always use the phrase ‘condition precedent’, which makes them harder to spot… Here’s

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Lessons from Failure: Have a Contract Strategy

On a simple house refurbishment project in Putney, London, Mr & Mrs West ended up with an extended house with no proper waterproofing, serious defects in the plumbing and all the newly installed M&E services needing replacing. Disaster! When planning and creating their contracts that the clients were failed by

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Is It Ever OK To Use A Letter of Intent?

It’s not necessarily good or bad to use a letter of intent. Depending on who you believe, letters of intent may be considered ‘necessary evil’, a sign that the project has gone wrong, evidence of a defective contract strategy or a means to the right end. Despite the many clear

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7 Habits of Defective Contract Strategies

The UK Government’s Construction 2025 report says that our industry’s success depends on taking a strategic approach to contracts: Repeat customers… approach the industry in a strategic way and secure a better outcome, particularly in the context of whole life value – and generally through the early engagement of key

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A to Z of Letters of Intent

Collected at last, links to my LinkedIn posts on letters of intent A How Can You Accept a Letter of Intent What is the legal equivalent of ‘hell yes’? B What to Do Before Sending A Letter of Intent Searching questions to check a letter of intent is the right

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Which is Better: Letter of Intent or Contract?

This statement perfectly explains why letters of intent are meant to be temporary: The execution of a contract is to be seen not as a mere aspiration but rather as fundamental. It is the contract that defines the rights, duties and remedies of the parties and that regulates their relationships.

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What’s Your Response to Increasing Risk?

What is the long-term impact of transferring all the risk on a construction project to the contractor? In April 2016, defects found in 17 schools in Edinburgh resulted in those schools being closed to pupils. Like design and build, construction management and other procurement strategies, the Private Finance Initiative schemes

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