IRS Form 1099, 1099-NEC, and Form 1099-MISC: Advanced Issues and Updates

Battle of the Forms and Managing the Contracting Process (OnDemand Webinar)

$149.00

SKU: 410301EAU

Description

Ensure your terms are communicated clearly to avoid costly litigation.Managing a contract is made easier if it is drafted to protect the interests of your employer. This program will cover some of the do’s and don’ts of drafting a contract, including how to handle forms that need to be included as part of the contract. You will learn about the different terms usually found in a contract and how to use them to protect your organization’s interests. Also, if reviewing a contract created by your vendor, what to look for and be sure you win the battle should there be a dispute. You will also learn how you can exit a contract properly and avoid a conflict.

Date: 2023-01-04 Start Time: End Time:

Learning Objectives

Reviewing the Terms of the Offer

Drafting the Contract

Identifying the Parties

Attachments and Exhibits

Avoiding Conflicting Terms

Order of Precedence

Jurisdiction

Warranty Language

Force Majeure (Acts of God)

Cancellation Provisions

Penalty Clauses

Escalation Clauses

Samples of Above

Pitfalls

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,ISM ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Calvin R. House-Gutierrez, Preciado & House, LLP

IRS Form 1099, 1099-NEC, and Form 1099-MISC: Advanced Issues and Updates

Battle of the Forms and Managing the Contracting Process (OnDemand Webinar)

$199.00

SKU: 406940EAU

Description

Are your contracting practices effective? Ensure your terms are communicated clearly to avoid costly litigation.Effective contracting practices are critical to ensuring that contracts are made on acceptable terms. Ineffective practices can lead to a failure to achieve required terms or worse, a contract on terms that are contrary to one’s objectives. Our fastpaced world increases the pressure as it is very easy for conflicting terms to be exchanged electronically without a complete meeting of the minds of the prospective parties. Learn how to control the contracting process to avoid unacceptable terms by avoiding or winning the battle of the forms.

Date: 2019-11-20 Start Time: End Time:

Learning Objectives

Applicable Law
• UCC Article 2 • Sales of Goods
• Other Applicable Law

Basic Advice
• Fact-Specific Results
• Objectives; Key Misconceptions

Contracting – Minimum Requirements
• Statute of Frauds
• Electronic Contracting
• Consideration
• Firm Offers
• Quantity: Output and Requirements Contracts

Contract Formation
• Offer and Acceptance
• Contracts in Context
• Course of Performance, Course of Dealing and Usage of Trade

The Battle of the Forms • UCC 2-207
• UCC Favors the Existence of a Contract
• Acceptance Can Occur Even If Different Terms Proposed
• Conduct Creates Contract When Writings Do Not
• Merchants: New Terms Are Proposals
• Materiality of New Terms
• The Knockout Rule
• UCC Implied Terms
• Implied Warranties
• Merchantability
• Title: No Infringement
• Fitness for Particular Purpose
• Disclaiming Implied Warranties

A Knockout Rule Example

Fighting the Battle of the Forms to a Draw

Real World Issues
• Lack of Mirror Image Contract
• Importance of Determining the Offer
• Course of Dealing; Layered Contracting
• Negotiations Break Down

Controlling the Process
• Avoiding Traps; My Way or the Highway

Practical Considerations/Recommendations
• Education and Communication
• Maintain Discipline; Award Letters

No Credit Available

Darrell W. Pierce-Dykema Gossett PLLC