Considers what's wrong with UK construction contracts (complex, paper-based and adversarial) before proposing solutions to those issues: simplify content, digitise as tools, collaborate ie work on trust not terms.
Talk to CICES on 12 March 2020 by Sarah Fox of 500 Words Ltd. For more on contracts go to https://500words.co.uk/
6. Do we need 50,000 words?
Complex and long
Paper-based
Adversarial
Simplify content, add visuals
Digital, hubs not suites
Collaborative, management tool
13. Digitise: contracts as tools
Rank Overall Dispute Cause
1 Owner/ Contractor/ Subcontractor failing to understand
and/or comply with its contractual obligations
2 Errors and/or omissions in the contract document
3 Failure to properly administer the contract
14. Digitise: contracts as tools
If 99% projects do not
end in legal disputes,
why do we write
contracts to suit the 1%
that do?
18. Collaborate: trust not
terms
Mutual processes
Limits on liability (time/money)
Output-based objective performance
Fair risk sharing and fair rewards
Flexible approach to the unexpected
23. You Promise To:
Read your contracts
Simplify terms
Add visuals and flowcharts
Go digital (sign before you start)
Develop mutual processes
Create trust (never game the contract)
Editor's Notes
Paper-based
“The creation and negotiation of many building contracts is based on the premise that the other party is the opposition and cannot be trusted…”
David Mosey
Your contract should record your agreement. Often lawyers and others with lots of experience in contracts, see risks and issues which might arise and add clauses to your contract to try and resolve those aspects. They are acting like your mum and protecting you from what might harm you. The focus is on safeguarding your interests and legal enforcement (ie only one of the many functions of a contract!)
An answer? Write it plainly and clearly and stop when you have enough.
Animate so + NRCC come in on mouse click
Users prefer contracts with visual elements whether it is icons, tables, charts or contract patterns like those promoted by the IACMM
Paper-based, wet-signed
No-one cares about the contract – only the outputs!