The title above is a frequently heard observation about contracts & lawyers. Usually, this goes together with statements like “we negotiate the contracts and then file them immediately” or “contracts are only useful in case of conflicts”. Are those statements really the right thing to do?
This post contains a conversation with Jan Bouckaert, founder of AfiTaC, about innovative services around contracts: lowering hurdles, facilitating learning, establishing a collaborative environment and much more.
The stereotype is that Contractors are just claim machines. Time bars play an important role in this. This post and the music of Muse allow us to rethink our ways of working on claims & time bars in a positive atmosphere outside of the day-to-day projects.
Contract Management, in general, and liquidated damages, in particular, are serious subjects. Still, in this post, we manage to think about delay LDs drawing from Natalie Imbruglia’s “Torn”: genuine pré-estimate, sole remedies, rates & caps etc.
Mick Jagger can’t get no satisfaction. And what about Employers/Engineers? Should they get satisfaction from the way the contract is executed by the Contractor? Read about this funny link between the Rolling Stones and Contract Management.
Project teams, in general, and Contract Managers, in particular, often speak in a detached way about the contrat: “unfortunately, the contract says the following” as if it came from somewhere and was cast in stone. This posts reflects on the freedom and opportunity to change contracts.
You have read books, articles, blogs on contract negotiation. Or, even better, you did a real training programme. All have praised the importance of win-win negotiations. There you find yourself in your next tough negotiation. All the discussions are on limits of liability, caps for liquidated damages, rights to terminate the contract etc. Subjects where a bit more protection for one party automatically means a bit less for the other party. You hesitate. Are those articles or training courses not realistic, not worth your time & money?
No doubt, we would all want to hear that, after a long day of negotiations, the best is to go out, eat some delicious food and have some beers in a bar because you deserved it. Negotiation is a challenge that can be compared to professional sports. It requires anticipation, recuperation, communication and these things take a bit of your precious time. This article provides 6 essential things to do after the formal meetings.
More than 30 years have past since the launch of FIDIC 1987, “yellow book”.
In the meanwhile, FIDIC has published newer versions: the well-known 1999 version and a fresh update at the end of 2017.
This article is a reflection on whether it still makes sense to use the 1987 versions.