One practically inevitable fact of life is that when drafting contract terms for complex projects and services, the less clear your understanding is of the requirements of the project, the greater the chance of poor contractor performance behaviours. Two cases…

With the New Year comes new challenges for Cornwall Council as it starts to regroup after its dispute with BT, over their 10-year £300m outsourcing contract, came to a dramatic end before Christmas. But what led these two parties, so…

Preliminary Market Engagement (PME) is an incredibly useful step in the procurement process, especially when one of the more restrictive procedures is to be selected. However, essential though it may be, PME has until now been largely ignored. New EU…

Fixed fees are often seen as the ultimate goal for buyers when negotiating a new project with a vendor. But while fixed-fee projects can offer a degree of certainty on both sides, if needs and costs are not determined with…

‘Chief Executives beware’ was the implied message from UNISON in respect of a recent employment tribunal decision that went against Barnet Council. UNISON’s recent press release suggested it was celebrating the conclusion of their “two year battle” against Barnet Council…

When entering into a new strategic relationship for outsourcing or a major technology solution project, the agreement at some point in its formation will be subjected to time pressures from internal or external sources. It could be that the client…

A recent court case highlights that warranties for work performed in ICT or outsourcing contracts must be reasonable in terms of the time they apply. In the J Murphy & Sons Limited v Johnson Precast Limited case, Clause 14(i) was…

A judgment from a recent court case suggests you can now contractually rely on the advice from your service provider – even if the contract terms try to exclude it. Standard contracts provided by the vendor will often try to exclude…

A new court ruling will make them think again… DE BEERS v ATOS ORIGIN [2010] Have you ever had this happen to you? A vendor commences a major project – perhaps for a large software initiative, service commissioning or outsourcing. Part…

“Honest dear, I really am doing the painting, or shopping, or looking after the kids, helping with the housework, cleaning the car…” …as you quickly hide your Blackberry, iPhone or other device which you have been sirruptiously checking your emails…