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This article appears as originally published in Construction Law on 1 November 2018.
Kwadwo Sarkodie of Mayer Brown International warns that knowing the devil is in the small print is no help if the contract is signed without being read at all. Also be careful that the contract covers what you think it does, he warns.
Will a contract do what it is supposed to?
A judge recently noted that modern contracts can be so complex that nobody bothers to check the documents being signed
Courts will be slow to reject the natural meaning of a provision simply because it appears to be a very imprudent term for one of the parties to have agreed
A court cannot look at the parties' negotiations to help decide how a contract is supposed to work
Even courts may disagree as to what a contract means
In principle, making a legally binding contract is straightforward. But the next big question is will it work? Will it do what it says on the contractual tin? And, taking a step back, have the parties read and understood just what they have agreed to do?
Lamenting an error in a case last year, where the wrong document was included in the
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