Why use 50000 words when 500 will do? (March 2020)
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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/
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Why use 50000 words when 500 will do? (March 2020)
- 1. Why use 50,000 words when 500 will do? 11 March 2020
- 3. What’s wrong with contracts? 0 10000 20000 30000 JCT DB 2016 CIOB Complex ACA PPC 2000 NEC4 Core Schedules etc Core Conditions
- 4. What’s wrong with contracts? © NBS National Construction Contracts and Law Report 2018
- 5. What’s wrong with contracts?
- 6. Do we need 50,000 words? Complex and long Paper-based Adversarial Simplify content, add visuals Digital, hubs not suites Collaborative, management tool
- 9. Simplify: size isn’t everything
- 10. Simplify: add visuals © 500 Words Ltd 2019 Colour-coded swim-lanes Chronological order Easy to complete
- 11. Simplify: add visuals © Federation of Master Builders Ltd 2019 Key data in table on p1 Useful subheadings Conversational style Editable pdf
- 12. Digitise: contracts as tools
- 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?
- 15. Digitise: contracts as tools
- 16. Digitise: contracts as tools
- 17. Collaborate: trust not terms
- 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
- 19. Collaborate: trust not terms Prototype timeline © Sarah Fox
- 20. Collaborate: trust not terms Delivery diagram © Stefania Passera. Used with permission
- 21. Collaborate: trust not terms
- 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!
- Focused on legal