Conference Background
‘To write well, express yourself like common
people, but think like the wise do.’
Modified from Aristotle.
‘Make everything as simple as possible,
but not simpler.’ Albert
Einstein.
‘The most important contribution to statutory
drafting this century.’ Professor Michael
Zander QC, commenting on Martin Cutts’ Lucid Law which
included the ‘Clearer Timeshare Act’ redrafting the
UK Timeshare Act 1992 in modern plain English.
Contracts including construction contracts and Acts
of Parliament have traditionally been drafted in legalese
– difficult and often archaic language. Those affected
by these legal documents often do not understand them.
It is particularly important for construction contracts
to be drafted in language that the parties to the contract
and the party who administers the contract truly understand.
This is because those administering construction contracts
are technically qualified in construction related areas
but not usually also legally qualified. Judges have
been highly critical of some construction contracts
as being obscure and ambiguous – resulting in unwarranted
disputes. Some have called for a complete redraft ‘so
that laymen – contractors and building owners alike
– can understand what are their own duties and obligations
and what are those of the architect.’ Yet today, decades
later, most construction contracts remain in traditional
legal language.
There have been major developments over many years
in more developed countries on modernising legal drafting
– both legislative drafting and commercial contracts.
The benefits of modern plain language drafting include
saving cost, saving time, and avoiding ambiguity.
This international conference calls on experts, both
local and international, to share their views about
how modern legal drafting can benefit the government
and society in general and the construction industry
in particular. Case studies including Malaysian case
studies on modernising construction contracts drafting
(including ‘before and after’ examples) will be included
as illustrations.
Here are several `before’ and `after’ examples for
consideration:
Before |
After |
| Null and void |
Void |
| Give, devise and bequeath |
Give |
| This Contract shall be deemed to be a Malaysian
Contract and shall accordingly be construed according
to the laws for the time being in force in Malaysia
and the Malaysian Courts shall have exclusive jurisdiction
to hear and determine all actions and proceedings
arising out of this Contract and the Contractor
hereby submits to the jurisdiction of the Malaysian
Courts for the purposes of any such actions and
proceedings. [69 words in one sentence] |
Malaysian law governs this contract and Malaysian
courts have exclusive jurisdiction |
‘When judges and lawyers write in plain
language, the people who are affected by the law can
understand what is happening. The law is about people
-- shouldn't they be able to read it?’ Judge
Mark Painter.
‘… since legalese has nothing of substance
to recommend it, its dubious prestige value depends
on ignorance. We cannot fool people forever. Our main
goal should be to communicate, not to impress.’
Professor Joseph Kimble.
Target Participants
Senior officers from government in charge of legal
and contract management, lawyers, people who manage
contracts, contractors including subcontractors, construction
project owners, ministries, statutory bodies, Government
Linked Companies, financial institutions, universities,
developers, construction professionals including architects,
engineers, and quantity surveyors and trade associations.
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