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
The technology to allow parties to a contract to sign, execute, witness and complete contracts without leaving their home office is not new. However, with nearly 50% of the UK working from home, the time for electronic or digital signatures is ripe. Rather than considering the relative merits of the
The 2020 pandemic is increasing the speed of digital change in construction. At a LetsBuild webinar two-thirds of respondents said that the pandemic would accelerate increased digitalisation and investment in technology. As ‘Digital by Default: Construction After Covid-19‘ notes: …rapid change is the reality of the current COVID-19 crisis –
I have been researching how other countries are adapting to digital contracting. In Sweden, Skye Contracts promote contracting based on: They are interested in tremendous templates, clarity of thinking, data-driven decision-making as well as using processes that work for your business. As they state in their e-book: The new world
Let’s be clear, taking a contract that is not fit for purpose and digitising it will not magically create a smooth, effective contracting process. It is not about the technology. Digital contracts are legal. But they also need to be simple – contracts should be read, understood and used. Online
Although most contracts do not need to be signed to be effective (and legally binding), guarantees are an exception. The 1677 Statute of Frauds requires all guarantees to be: in writing (or a note of memo of it is in writing) signed by the guarantor. This distinction means oral guarantees
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
There is no specific format for contracts under English law. They can be verbal, written or in any other format. Five essentials A hasty scribble on a serviette can form a legally-binding contract, providing it covers the five essential elements (English law): Offer to do something Acceptance of that offer
5000 years ago, most contracts were oral, scratched into clay tablets with a reed or laboriously transcribed onto animal skins or papyrus. In our modern, hyper-connected world – the digital age – you can create a contract in many different ways: Paper-based (hard copy) Electronic (soft copy) Digital (created, signed
Your clients no longer need to sign on the dotted line… or more accurately not with a pen. The Law Commission has recently confirmed that e-signatures are a valid means of executing contracts. No more printing, signing, scanning and emailing an attachment back to complete the steps of acceptance. All
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