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.
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.
Agenda
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- Removal of Unnecessary Words and Outdated Legalese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
Speakers
Mark P. Henriques,
Womble Bond Dickinson- Partner in the Charlotte office of Womble Bond Dickinson, your transatlantic firm close to home
- Practice emphasizes all aspects of e-discovery and business litigation
- Conducts regular seminars and workshops on contract drafting, e-discovery, litigation strategy, and managing legal spend
- J.D. and B.A. degree, Law Review, Order of the Coif, University of Virginia
- Can be contacted at Mark.Henriques@wbd-us.com or on Twitter® @cltlawyer
Who Should Attend
This live webinar is designed for business owners and managers, presidents, vice presidents, directors, office managers, purchasing professionals, supervisors, accountants, and attorneys.
