The Agenda for the “Contracts: Reading, Writing & Negotiating” seminar is as follows:
Introduction to Contract and Business Law Terminology.
- Definition of key terms and examples of their real world application
- Damages, Indemnity, Implied Warranties, Disclaimers, Limitation of Liabilities.
Learn the “art” of reading a Contract and how to identify the Major Issues
- Taking a global approach to reviewing/ negotiating your Contract:
- Focusing on the important issues
- Class Exercise reading a Contract to demonstrate the process
Discussion of the THREE most Contentious Contract Clauses
- Limitations of Liabilities; Warranties; Indemnity
- Class Exercises discussing these clauses and approaches to negotiating
Fundamentals of Reviewing/ Writing a Contract
- Taking the fear out of reviewing/ writing a contract
- Step by step approach for reading/ understanding the clauses, including the Indemnity clause!
- Guidelines for writing the contract
Essentials of Reading and Understanding a Contract
- Identify the significant areas common to every contract
- Learn to evaluate and negotiate contract clauses
- Examples of important clauses from each area and what they mean
- Sample clauses written from Buyer’s perspective with explanations
- Sample clauses written from Seller’s perspective with explanations
Writing Terms and Conditions
- Learn how to draft clauses to the Buyer’s best advantage
- Clear-cut example clauses for: statement of work, warranties, breach, termination, damages, indemnification, insurance and boilerplate
How to Amend Contracts
- Receive a contract amendment example
Building and Using Contract Form Files
- Learn how to use checklists and forms provided
- The importance of building a contracts form file
Class Workshops: Hands-on Experience in Writing the Contract
- Read and critique Seller’s clauses
- Learn to write clauses
Techniques of Effective Negotiating
- Approaching the Negotiation
- Establishing objectives
Receive a comprehensive manual (over 150 pages) which includes the following:
- Example Clauses from both the Buyer and Seller perspectives and Explanations
- Contract checklists for use in reviewing, negotiating and writing contracts
- Sample contracts: Consulting services; Construction and facility services; Corporate Purchase Agreement, and more.