Opinion

Never shove your contracts in a drawer

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Comments

  1. “Many of the failures to administer the contract or operate its procedures effectively result from users being unable (or unwilling) to read and understand the minutiae of their contracts”.

    In my experience it is not failure to read or understand the minutiae of contracts which is surprising (and the problem), but the failure to read and understand the very basics. These basics are not actually that complicated so there should really be no excuse – and the problem seems to be a basic lack of professionalism within an industry which is supposed to be full of Professionals.

  2. Having worked for most of my career on projects using JCT in its various standard forms (the 2016 amendments merely “tinker at the edges”) and often extensively mutilated versions, I’m certainly an advocate of the simpler terms and collaborative working encouraged by NEC3. Working for Trade Contractors as I have in more recent years, it’s very evident that the Main Contractors add their two pennyworth of onerous clauses, but unfortunately the “scene is set” by the Legal and Project Professionals advising the Employer / Client / End User.
    I enjoyed reading Sarah’s piece, but had a little chuckle that as well as being a contract strategist, she has written a book on the subject of “LoI’s” which also compound the difficulties in contract and project administration.

    Have a great Chrimbo and hopefully a prosperous(?) New Year all ????????????

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