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
In studying the role of contract visualization, Stefania Passera’s doctoral dissertation Beyond the wall of contract text (2017), she cites research that: Clear and implementable contract terms are crucial in building successful business relationships Well-structured and well-developed agreements foster better relations Long-term successful relationships require strengthened terms on communication, role
In my column for Construction Manager Magazine, I have provided a series of tips for anyone reading, writing or reviewing construction contracts. What should you do? Use your contracts as tools to help you complete the project, not as an expensive paper-weight [never shove your contracts in a drawer, October
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
My 10 tips to improve your legal writing recommend you spend time ruthlessly crossing through, deleting or rewording your text. Whenever you can shorten a sentence, do. And one always can. The best sentence? The shortest. Gustave Flaubert You need to edit your text to create a document which suits
Copies of my book How to Write Simple and Effective Consultant Appointments in Just 500 Words have been prompting contacts, clients and friends to actually sit down and review their existing contracts. Bill Evans from D2E said “I must say, it was easy and compelling reading. The contents provides so
What is a watertight contract? In my view it is like the pot of gold at the end of a rainbow – we’d all like it to exist, but it doesn’t. Recent examples like Pimlico plumbers, Uber and Oakhurst diary have shown how so-called watertight contracts have been leaking at
A US$60m project for a luxury Caribbean resort came to a sorry end for many hundreds of disgruntled customers. Even if your project does not involve cabanas, windswept beaches or multi-million pound deals, you can learn from the lessons of Harlequin and its contractor. Setting the scene The ‘startling features’
A contract, whether it is a multi-million pound construction project, a structural survey on a house you were buying, or the design of your porch, is there to solve a client’s problem. Client’s don’t buy drills, they buy a tool to help them create holes. Client’s don’t buy porches, they
Do you believe that if you insure your liabilities, the level of your insurance cover acts as a limit on your liability? It doesn’t. This is the most common misconception among business owners when I am delivering workshops on contracts. My objective is to help both sides protect their interests