What is a Contract Amendment and Why Have an Amendments Clause?
A contract amendment is a change in a contract after it has been signed. Amending a contract is similar to taking a bow in for rehairing. When a bow is...more
What are Successors and Assigns Clauses? -
Similar to swapping out violin bridges, assignment and successor clauses in contracts describe under what circumstances parties may be substituted in a contract. A typical...more
1/28/2019
/ Assignees ,
Assignments ,
Boilerplate Language ,
Contract Terms ,
Heirs ,
Joint Venture ,
Like Kind Exchanges ,
Real Estate Investments ,
Real Estate Transactions ,
Special Purpose Entities ,
Successor Interests ,
Successors
Although not hidden like the tailgut, at the bottom of most contracts are the signature blocks, which contain the parties’ signatures. Signature block set up and how parties sign contracts can affect validity and...more
Preparing contracts can be like using the music for a performance. Like musicians are expected to perform from memory even when it does not serve them well, contracts include boilerplate language which does not add to the...more
What is an Attorney Fee Provision?
A typical attorney fee provision provides that if either party to a contract brings a lawsuit due to breach of the contract by the other party, the party that wins the lawsuit gets its...more
It has been almost half of a century since I first picked up a violin. I took private lessons for 15 years, attended music camps and festivals in the summers, and obtained a degree in violin performance. Yet, I recently...more
...Sometimes, a composer will throw a curve ball and include notes that are not in the established patterns. Perhaps the composer wants to create a new mood. Or, maybe the composer wants to make a change from the norm to...more
...When reviewing real estate contracts, many people act like an inexperienced musician sight-reading music. They gloss over contract language that doesn’t look specific to their deal. Believing the language to be...more
This is one of a series of blog posts discussing typical “boilerplate” terms and how they impact real estate contracts.
Choice-of-Law Clauses -
Choice-of-Law clauses usually read something like the following:
The...more