Why Use 50,000 Words When 500 Will Do?
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Sarah Fox talk to Clarity UK (clear language for lawyers) on adopting simpler contracts, instead of the complex, adversarial and long standard forms currently in use. Sarah is an advocate of plain language and simplicity in contracts, particularly her specialist area of construction contracts. For more information contact Sarah via http://500words.co.uk/contact-2/
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Why Use 50,000 Words When 500 Will Do?
- 1. Why use 50,000 words when 500 will do? Sarah Fox 500 Words Ltd
- 2. When did it go wrong?
- 3. 0% 10% 20% 30% 40% 50% Simpler language Fairer risk allocation Simpler contracts (eg < 10 pages) Earlier contractor involvement Collaborative approach Simpler to adapt % respondents What do users want? SOURCE: © 2015 Survey by 500 Words Ltd
- 7. Or just 12 words Social media policy for doctors by Farris Timimi Don’t Lie, Don’t Pry Don’t Cheat, Can’t Delete Don’t Steal, Don’t Reveal [used with permission]
- 8. Persuading industry to change • Failure to administer the contract Errors or omissions in the contract document Failure to understand contractual obligations Failure to comply with contractual obligations Failure to make interim awards on extensions of time & compensation SOURCE: ARCADIS Global Construction Disputes Report 2015
- 9. Too long… 0 10000 20000 30000 JCT DB 2011 CIOB Complex 2013 ACA PPC 2000 NEC Core 2013 Schedules etc Core Conditions SOURCE: Research by 500 Words Ltd
- 10. Too complex…
- 11. Too adversarial… IMAGE: © 2015, 500 Words Ltd
- 12. ‘Everything should be made as simple as possible… but no simpler’ Albert Einstein
- 13. 500 words will do! IMAGE: © 2015, 500 Words Ltd
Editor's Notes
- 1773BC Code of Hammurabi 1879 first construction standard form 1903 first engineering standard form 1963 first JCT standard form 1993 first NEC standard form Failure to administer the contract Errors or omissions in the contract document Failure to understand contractual obligations Failure to comply with contractual obligations Failure to make interim awards on extensions of time & compensation
- Now over 9 publishers with 40+ standard forms of main contract “last 25 years have seen an exponential growth in the range of standard forms” (Which Contract?)