Contracts: Reading, Writing & Negotiating

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.