Jargon explained – 500 Words

#26: It’s not that simple

Simplifying contracts is not simply a matter of taking each sentence and rewording it into plainer language. We really need to understand the jargon used and whether it is even appropriate in the type of task for which the contract will be used. Read the full edition here Time… a

April 13, 2023

Image saying that £110bn is spent every year on projects and 1/3 projects start without a contract in place

#25: Subject to contract?

In your quote or estimate or proposal, do you say it is ‘subject to contract? Would you have an email footer saying ‘Any offers made in an email or attachments are subject to contract’? Do you even really know what this phrase means? Read the full edition here Take Legal

March 17, 2023

A man balances precariously on a highwire. The wire is tethered on the right, and behind a rocky cliff. The image is in black and white. The man weats a baseball cap and safety line with arms above his head for balance.

#21: In limbo

At the start of the pandemic, there were a lot of confused contractors and trades trying to work out if they could leave site. The virus was deadly and construction sites couldn’t really enforce a 2m rule for social distancing. But can you place the project in limbo and stop

November 17, 2022

A pale pink paper heart is torn and threaded on a striped string. The background is black. By Kelly Sikkema via Unsplash

#20: Splitting up

The purpose of a contract is to give you both the right and the duty to provide the entire scope envisaged in your agreement ie all the agreed goods, works and/or services. But what if you want to split up before then? Read the full edition here Totally Legit Cancellation

October 20, 2022

Against a pitch black sky, there are three bright fireworks exploding into a dazzling display of orange colour in a sunburst effect. There are wisps of red smoke at the bottom of the image.

#11: Is it good enough?

On my website there are loads of free resources and I love to get feedback about them. This week Gary from Luxembourg challenged whether the clause in my sample letter of intent asking a contractor to use reasonable skill and care was ‘good enough’. Read the full edition here Technical? Legal? Commercial?

January 6, 2022

On the right is a wooden house door with a glossy shine. In the lock is a key with a plastic end, off which dangles two further silver keys. The blurry background is greenery bathed in sunshine.

#10: It’s tricky

This week, I was delivering a full-day workshop for a specialist subcontractor to give them confidence with subcontracts – particularly when negotiating the one-sided and complex contracts they are often asked to sign by main contractors. We went deep into specific issues that bothered them, including those surrounding completion. Read

December 9, 2021

On a pale wooden desk sits (left to right) a laptop, a piece of paper with a parker pen on top, and a smartphone.

#8: Can you go too far?

Is your contract always right? Or are there tricky little clauses which the courts may say you cannot rely on?Last time, I recommended using pre-agreed compensation as a remedy with added trust. But can you go too far? Read the full edition here Telecoms’ Loving Client-Care If you own a

October 14, 2021

A photograph of a garland of red petals or paper, disappearing from bottom left into a central heart shape, in a spiral motif. In the blurry background is a sundrenched sandy beach and blue sky.

#6: Let me know

As a client of mine, you should be using simple effective contracts or terms. But do my contracts live up to their promises? I need your views on whether you now have trust-enhancing, loveable contracts. Read the full edition here Trust-enhancing? Trust, according to the Speed of Trust by Stephen

July 22, 2021

A photograph with a thick red firbe tip pen facing downward over a piece of paper marked CHECKLIST. There is a thick red tick in a box against performance bond.

#4: There’s no real benefit

This edition looks at another type of tiny little contract… the performance bond. Bonds are often used as a tick-box exercise without providing any real benefit to the parties. So, what’s my beef with them and what can you do about it? Read the full edition here Bad Timing, Limited

May 27, 2021

A photograh with a miniature supermarket trolley on the lft next to a white rectangular box with a wide black shiny ribbon tied in a bow.

#3: Tiny little contracts

This edition looks at tiny little contracts … or at least that’s what collateral warranties are meant to be. Read the full edition here Time-Bound, Limited and Collateral? If you’re not in the construction industry you may not know what a collateral warranty is. You can think of them as

April 29, 2021

TLC Topic: Jargon explained