Tag: fair contracts

Delay Damages: £1 or £1m per day?

Once you have realised the truth behind the pesky myths surrounding liquidated damages, you will need to consider what level of liquidated damages should go into your contracts. There are a number of options: If you state £nil, then the client cannot recover any of its losses for late completion

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Reviewing the Role of Retention

5 years ago I wrote a post about whether you could trust an employer with your retention. In the light of Carillion’s pending/actual/recent insolvency* (delete according to when you read this), I wanted to clarify the legal position on retention. For simplicity the employer refers to the paying party –

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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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Baffled by T&C?

Which? (a lobbying organisation) has started a campaign to end baffling terms and conditions. They want to make it simple to know what you are signing up for. Since October 2015, the Consumer Rights Act has required terms to be fair, transparent and prominent. Transparent and prominent respectively mean: expressed

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Your Contract Style

There isn’t one way to draft a contract or legal document, whatever you may have been told. These tips will help you create a better contract. Any Format In England/Wales, there is no specific format or style or content for most contracts. It doesn’t even have to be written down.

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Fair Payment In Construction

The Government Construction Strategy 2025 set out a blueprint of how to create a modern, effective and sustainable construction industry. It’s aim was – through initiatives, policy and legislation – to ensure that: “Construction in 2025 is no longer characterised, as it once was, by late delivery, cost overruns, commercial

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Be Open

In researching terms and conditions, I came across a Report from the Office of Fair Trading (2011) on Consumer Contracts. The Report recommends that consumer contracts are written to be open, welcoming and fair. The same applies to B2B contracts. Be open The Report defines open contracts as ones where:

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How the Law Intervenes in Contracts

As Ken Adams says in his blog on the Nexus Between Contracts and the Law, contracts cannot exist without the courts to interpret, intervene and implement their terms, including by: Deciding whether individual terms in the contract are fair; Deciding whether your contract meets the formalities required; Deciding whether your

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