Description
Understand the process for preparing contracts that are clear and legally enforceable.
We will review best practices for drafting contracts, and how such drafting will make your contracts more enforceable in court. We will dig into dispute resolution, including how to decide whether to fight or settle, and what types of dispute resolution are available. We will conclude with practical tips from a seasoned litigator on how to avoid or win contract issues.
Date: 2024-08-13 Start Time: 1:00 PM ET End Time: 2:05 PM ET
Learning Objectives
* You will be able to identify principles of contract drafting.
* You will be able to review contract modification.
* You will be able to explain drafting for enforceability.
* You will be able to discuss dispute resolution.
Principles of Contract Drafting
• Use Precise Language
• Removal of Unnecessary Words and Outdated Legalese
• Definition of Terms, Use of Capitalization and the Dangers of Synonyms.
• Use of Boilerplate Terms and Provisions
• How and When to Use Form Contracts
Contract Modification
• Document Changes Using the Change Order Model
• Avoid Unilateral Modification Trap
Drafting for Enforceability
• Document the Meeting of the Minds
• Defining Performance With Specificity
• Establish Clear Due Dates
• Pricing Models
• Correct Payment Terms
• Specification Sheets, Exhibits, and Other Attachments
Dispute Resolution
• Arbitration or Litigation?
• Tiered Dispute Resolution
• Choice of Law Clauses
• Forum Selection Clauses
• Indemnification Clauses
Litigation Tips
• Getting Legal Counsel Involved
• Implementing Legal Holds
• Typical Claims
• Typical Defenses
• Value of Early Case Assessment
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,CPE ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Mark P. Henriques-Womble Bond Dickinson
