Why Construction Contracts Are Broken (And What No One Tells You) (EP 267)

In this episode, Paul is joined by David Bebb, Partner at Fenwick Elliott, a construction lawyer with over 20 years’ experience working across the entire supply chain — from Canary Wharf and Network Rail to private practice. Together, they unpack one of the most frustrating — and costly — realities in construction:Why do contract negotiations take so long, feel so combative, and often start in the wrong place?David brings a rare perspective, having seen contracts from every angle, and explains how the industry repeatedly creates its own problems — through poorly coordinated documents, copy-and-paste specifications, and a lack of joined-up thinking between legal, commercial and design teams.The conversation explores: why most contracts are badly coordinated and full of contradictions;  how starting with overly aggressive (“brutal”) clauses slows everything down;  why the industry almost always ends up at the same deal anyway — just with wasted time and cost;  how poor upfront drafting leads to letters of intent and commercial risk later; and  why lawyers don’t argue clauses — they unpick the mess created between documents. More importantly, David outlines a better way forward: start with a standard contract as a foundation, not something to overhaul;  focus only on project-specific risks that actually matter; and  replace endless email chains with direct conversations between decision-makers. The message is clear: contracts don’t need to be this painful — but the industry needs to change how it starts.A sharp, insightful episode for Commercial Directors, QSs and anyone involved in procurement — and a timely reminder that better contracts lead to better projects.---------------------------------📥 Plus: Grab Paul’s free new eBook Mastering Construction Procurement — link below:Mastering Construction Procurement Strategies for Supply Chain Integration, Tendering, and Commercial SuccessSend us Fan MailWant to connect with Paul?Paul is on Linkedin here and would love to talk. You can also connect with Paul at [email protected] or through, C-Link. C-Link is software built by Quantity Surveyors for Quantity Surveyors. We save 600 hours of Quantity Surveying time per project in automation. We can make your QS’ so much more efficient.Watch the Video to learn more; you can book a demo by clicking here.