The 2018 TSB online banking saga has once again highlighted the issue of wriggle room in contracts. Wriggling in court Before specialising in advising on contract strategy and writing/negotiating contracts, I had the pleasure of winning a case in the Court of Appeal. It involved what I call ‘advanced wriggling.’
According to the NBS Contracts and Law Survey 2018, scope creep disrupted projects more than any other factor: Variations were also the main cause of 42% of disputes. So what can we do about scope creep? Are
Defining the scope of your contract is critical. Firstly, the scope is the starting point for determining whether any goods, works and services provided are extras – if not, they should be included in the original contract price. Secondly, the contract terms will explain if the extent of the change
Most contracts will include some form of mechanism or procedure allowing the parties to change the goods, works and services being provided. There are a number of myths about variation clauses because a simple express clause such as this in NEC4 “The Project Manager may give an instruction which changes
Most contracts, whether in the construction industry or not, are based on a ‘bilateral’ relationship i.e. two legal people working towards a common goal. This is the bare bones of contracting. As the proud stoker of a tandem for the last 18 years, the analogy between tandem cycling and contracting
A contract for the execution of work confers on the contractor not only the duty to carry out the work but the corresponding right to be able to complete the work which it contracted to carry out… contracts contain provisions to enable the employer to vary the work in order
Many contracts contain a clause which allows both partners to change the project or its scope as matters progress. Many of the changes are due to: design development ie completing the scant details that existed when the contracts were signed design changes due to the client changing her mind unexpected
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