Tag: dispute avoidance

Beware Sloppy Procedures

Construction contracts contain a plethora of terms which require one party to give a notice to the other party. This used to require hard copy documents to be sent by post or fax. We have moved with the times, and many notices can now be provided by email to a

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Contracts Create Disputes

The Global Construction Disputes Report 2019 (by Arcadis) confirms that failure to understand or comply with the contract is the number one cause of disputes globally. Professor Renato Nazzini, in his guest foreword says: It would be tempting to look for solutions in ever more complex, more detailed contractual documents

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Avoid Disputes with Wedding Cakes

Having considered the importance of clarity and records in avoiding disputes (both easier said than done), Susannah’s last post reviews the role of contract clauses that set out a series of dispute resolution options. These are tiered procedures, hence their nickname ‘wedding cake clauses’. Although you cannot avoid a dispute

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Avoid Disputes with Records

Having considered how a clear contract can help you avoid disputes, Susannah Lee, an expert disputes solicitor,  looks at how disputes can be won and lost with records. Records are an essential (if boring) part of contract management. Max Abrahamson wrote A party to a dispute… will learn three lessons

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Avoid Disputes With Clear Contracts

In the first of series of 3 posts, Susannah Lee, an expert disputes solicitor,  looks at how clarity in your contract can help avoid disputes – which cause long term damage to your skilfully nurtured business relationships.  Construction projects are prone to disputes because of their technical, procedural and managerial

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Avoid Ambiguities at All Costs

The UK Supreme Court have recently revisited the thorny issue of fitness for purpose (and millions of Euros depend on the answer). How can you avoid the embarrassment of publication riches afforded by a Supreme Court decision, as well as months in court (the decision was given 8 years after

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Disastrous Disputes

Weirdly, avoiding disputes does not seem to be a key factor driving the drafting of contracts (although PPC2000 might be an exception). However, given the rising cost and time involved in resolving disputes, as well as the damage to reputations and the sustainability of a company, it should be. My

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Avoiding Disputes When Using Letters of Intent

There are three elements to avoiding and minimising disputes when you are using a letter of intent. Stepping stone The first is to recognise that a letter of intent is merely the first stage in the contract negotiation process. A letter of intent is a means to an end not

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