Armin Hohenadler

The judge ruled that if their bespoke conditions had been properly constructed, the architect`s claim had failed – they were not entitled to their bill of around £182,000. They had not set a fixed and precise cost of the construction work after the building permit – which was a condition precedent for the preparation of their invoice. Custom contracts can take a long time to create, and disputes over the terms of the contract are also difficult to defend and expensive to resolve in court. For these reasons, you need to think carefully about whether you want to use a custom contract or a standard contract for your agreement. In addition to the internal contractual advice offered by the Fidic contract or the subcontract in question (e.B. in clauses 1.2 (interpretation), 1.4 (law and language), 1.5 (priority of documents), etc.), there are central legal provisions of the country whose (appropriate) law applies to the contract. Compare the relative advantages and disadvantages of model contracts and individually negotiated „tailor-made“ contracts in light of some of the issues addressed by law and case law. The meaning that a document (or other statement) would convey to a reasonable person is not the same as the meaning of his or her words. The meaning of words is a matter of dictionaries and grammars; the meaning of the document is what the parties using these words in the relevant context would reasonably have understood. Context may not only allow the reasonable man to choose between the possible meanings of ambiguous words, but even (as sometimes happens in normal life) conclude that the parties must have used the wrong words or syntax for some reason (see Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd). For these and other reasons, contractors tend to be wary of bespoke contracts, with the perception that most customers create bespoke contracts to transfer risk. Perhaps the most important duration of your appointment from a business point of view is the payment plan: how much and when you will be paid. As Stacy Sinclair notes, recent case law shows that you need to be careful when creating custom fee plans.

Tailor-made contracts are contracts tailored to the specific requirements of a project. Custom contracts are often used when standard contracts or standard contracts are not suitable. The complexity of the project is one of the main factors that determine which type of contract makes the most sense. For highly complex projects, creating a custom contract can be the best way to properly create the desired agreement. Custom contracts can also be the best solution for simple supply agreements, as standard standard contracts contain unnecessary conditions and can be too rigid to achieve the desired result. .