This course provides attorneys with comprehensive knowledge and practical skills to effectively navigate the challenges posed by troublesome clauses in contract drafting. By focusing on key considerations such as scope of work, time is of the essence, best efforts provisions, changes clauses, and more, this course equips attorneys with the tools necessary to identify, address, and overcome the complexities associated with these clauses. Through interactive discussions, case studies, and practical examples, participants will gain insights into the impact of these clauses on contract performance, potential pitfalls, and strategies to ensure successful outcomes. Additionally, the course explores the significance of warranties, termination clauses, dispute resolution strategies, and the influence of external factors on contract drafting. Attorneys will enhance their ability to draft contracts that effectively address troublesome clauses while protecting their clients' interests.
Key Topics Discussed:
Understanding the challenges and complexities of scope of work clauses
Balancing detail in scope of work to avoid overbearing requirements
Significance and application of "time is of the essence" clauses in different contract types
Navigating best efforts provisions and establishing clear expectations
Strategies for incorporating changes clauses to accommodate modifications
Components and implications of duties to defend and indemnify
Addressing challenges and finding solutions in drafting warranties and certifications
Considerations and guidelines for termination clauses to ensure clarity and fair resolution
Analyzing multi-party considerations and termination triggers in complex contract scenarios
Strategies for navigating and resolving disputes arising from troublesome clauses
Impact of external factors, such as government intervention and the COVID-19 pandemic, on contract drafting and modification
Effective dispute resolution strategies, including mediation and arbitration
Importance of choice of forum and considerations for selecting appropriate dispute resolution methods