Negotiating, Drafting and Enforcing Remedies In Commercial Contracts (OnDemand Webinar)

$199.00

SKU: 407912EAU

Description

Gain a better understanding of commercial contract breaches and remedies.Business executives often enter into commercial contracts with optimism, happy to have negotiated an agreement for a new project and excited about getting started. Unfortunately, that optimism often leads businesspeople to fail to prepare for what might happen should the work not go as planned. Indeed, many times businesses enter into contracts without paying due attention to provisions regarding potential damages and remedial measures. The reality is that every contract involves risk, and it is critical for a businessperson to understand the contractual tools available to help mitigate against risk and learn how to use them. This topic helps businesspeople, and those who advise them, learn how to plan for when things go wrong with a commercial contract. The material explains how risk can be mitigated using contractual provisions, and helps businesspeople understand the nature of contractual remedies, the types of damages commonly arising from commercial contracts, key contractual provisions which can limit recovery of damages and different methods for enforcement of remedies. Failing to effectively plan for contractual remedies is a common error that can lead to huge losses, and this material will provide businesspeople with crucial information to help them avoid making that common mistake.

Date: 2020-11-16 Start Time: End Time:

Learning Objectives

Introduction – How to Plan for When Things Go Wrong

Negotiation Considerations
• Know Your Industry
• Know Your Bargaining Strength
• Know What Is Important to You

Key Drafting Elements
• Importance of Clarity
• Using Jargon Judiciously
• Use of Standard and/or Commercially Available Contract Documents
• How Do You Know Whether Your Contract Has Been Breached?
• Examples

Damages
• Types of Damages – Consequential, Incidental, Liquidated, Damages for Delay and More
• Limiting Damages Through Contractual Provisions
• Attorneys’ Fees Provisions
• Statutory and Other Extra-Contractual Damages
• Sample Provisions

Termination
• Ending a Contract Prior to Full Performance
• Termination for Convenience
• Termination for Cause
• Consequences
• Sample Termination Provisions

Indemnity, Insurance and Bonds
• Indemnity Clauses
• Insurance Considerations
• Bonds
• Samples

Enforcement
• Enforcement Considerations – Understanding Your Options
• Dispute Resolution Methods/Models; Venue, Choice of Law
• Judgments
• Examples

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

Mohammad A. Ghiasuddin, Esq.-Margolis Edelstein