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Live Webinar

90-minute live streaming program
  • May 23
  • 1:00 - 2:30 pm EST

Negotiating, Drafting, and Enforcing Remedies in Commercial Contracts

May 23

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 topic will provide businesspeople will crucial information to help them avoid making that common mistake.

Learning Objectives

- You will be able to define types of contractual damages and identify contractual provisions used to limit those damages.

- You will be able to describe risk mitigation through the use of contractual provisions, including requirements relating to indemnity, insurance coverage and bonding.

- You will be able to discuss the consequences which may arise from termination of a contract.

- You will be able to explain different ways in which contractual remedies may be enforced and the pros and cons of those different methods.

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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

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
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Live Webinar Registration

  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NC CLE 1.5 (Pending)
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • CPE 1.8 including Business Law 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www. learningmarket.org. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Business Law for 1.8 hours. Prerequisite: basic knowledge of business financials. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Specialized Knowledge and Applications for 1.5 hours.
     
  • Lorman Business Center, Inc. has registered with the Texas State Board of Public Accountancy as a CPE Sponsor. This registration does not constitute an endorsement by the Board as to the quality of our CPE Program. This program qualifies for 1.5 hours of continuing professional education.
     

Who should attend?

This live webinar is designed for attorneys, presidents, vice presidents, business owners and managers, directors, accountants, CPAs, controllers, accounting managers, purchasing professionals and contract administrators.

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More Program Information

Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Mohammad A. Ghiasuddin, Esq.

Mohammad A. Ghiasuddin, Esq.

Margolis Edelstein

  • Partner at Margolis Edelstein, concentrating his practice in the areas of commercial litigation, construction litigation and professional liability
  • Seasoned attorney with some 18 years of experience representing businesses, with a strong focus in matters relating to construction projects
  • Practice includes the representation of property developers, builders, contractors, manufacturers and suppliers, as well as engineers, architects and other design professionals
  • Extensive experience in commercial disputes including claims for breach of contract, breach of noncompetition agreements, business torts, claims for defective workmanship, payment claims, mechanics’ lien claims, claims for delays, surety bond claims, indemnity issues and insurance coverage matters
  • Handles claims involving alleged defective construction, design defects and related professional liability issues
  • Both a skilled commercial litigator and an advisor to his clients, assisting them in reviewing and negotiating contracts and providing risk management advice
  • J.D. degree, The George Washington University Law School; LL.M. degree, Temple University - James E. Beasley School of Law; B.A. degree, Penn State University
  • Can be contacted at 215-931-5802, [email protected] or https://www.linkedin.com/in/mohammad-ghiasuddin-6703495/
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 400199
Published 2017
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