A series of practical advice for better contracting in the supply industry.
Limit your liability. It’s not only about what you are liable for, but also equally important who you are liable to. The Devil’s in the definitions.
The use of back-to back clauses. Are you applying the concept correctly, or are you getting caught in the middle?
You are doing your best to handle existing contracts, but what about your future contracts? What to do when contracting in the time of Corona.
Exclusion of liability for consequential loss is arguably the most important clause in your contracts. Are you sure that you have actually excluded it?
How do you deal with customer provided items and customer nominations in a project?
Going from EPC to EPCI – what is the impact and what are the consequences?
How to properly deal with delay in your contracts
To indemnify and hold harmless is not the same as being liable for breach of contract. It's far more extensive, both in reach and in monetary terms. But it can also be one of your most important risk management tools.
Nobody gambles with their company, or at least nobody should. It's just not worth it, and it's not very smart. But how do you avoid it?
Transfer of title and transfer of risk. Two equally important but very different concepts which can mean the difference between agony and success.
