News & Analysis as of

Contract Drafting Contract Negotiations Contract Disputes

Porter Hedges LLP

How do you solve a problem like a tariff? Understanding and addressing tariff risks in construction contracts.

Porter Hedges LLP on

Since February 2025, numerous tariffs affecting the construction industry have been announced, imposed, and paused. These tariffs present a problem for parties drafting and negotiating construction contracts—namely how to...more

Tucker Arensberg, P.C.

Warning to Small Business Owners: Don’t Contract Your Way Out of a Local Venue!

Tucker Arensberg, P.C. on

Small business owners often wait for things to go wrong before consulting with attorneys. This is understandable. Consulting a lawyer can delay a transaction and nobody likes the added expense....more

A&O Shearman

Disputes 101 – How to get out of a contract or obligation

A&O Shearman on

Back to basics – Do you even have a contract? Generally, a contract will be formed when parties come to an agreement through offer/acceptance. This doesn’t typically create problems where there is a written agreement between...more

Sands Anderson PC

The Contract Isn’t Signed! What Now?

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If you are involved in a dispute concerning a written, but unsigned, commercial or business contract, do not assume that the lack of signatures makes the agreement unenforceable....more

Strafford

[Webinar] Drafting Asset Purchase Agreements: Reps, Warranties, Covenants, Conditions, Indemnity, and Other Provisions - July...

Strafford on

This CLE course will guide deal counsel in drafting and negotiating asset purchase agreements. The panel will discuss legal considerations when negotiating representations and warranties, indemnities, covenants, closing...more

Lathrop GPM

Tennessee Federal Court Validates Oral Sales Representative Contract and Invalidates Oral Service Contract

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A federal court in Tennessee determined that a binding contract existed between a sales representative and CWS Powder Coatings Company governing the percentage of commissions to be paid to the representative for sales to...more

BCLP

Drafters beware! Court of Appeal on the significance of express terms

BCLP on

Every so often the Court will reaffirm the primacy of express terms while re-stating the rule that implied terms can only be relied on to the extent they are (i) so obvious as to go without saying, or (ii) necessary to give...more

A&O Shearman

Sign your engagement letter. It’s not up for negotiation

A&O Shearman on

The High Court has provided a stark reminder of the risks that arise if parties, despite extensive negotiations, fail to sign their agreements, in this case an engagement letter....more

Robinson+Cole Construction Law Zone

Don’t Pay for Your Performance Bond More than Once

An often-overlooked part of contract negotiations is the language included in the performance bond.  While the owner or contractor (bond obligee) requires a performance bond and pays for it, negotiating efforts are typically...more

Allen Matkins

By Law, Everything Is Possible In California

Allen Matkins on

The California Civil Code includes a number of decidedly gnomic provisions.  Section 1597 is one of these.  It purports to answer the question of what is possible...more

Sands Anderson PC

What is Boilerplate Anyway?

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It was important, and still is. If you’ve heard it once, you’ve heard it a thousand times – the general terms at the end of an agreement being referred to as “boilerplate” provisions, a phrase that misleadingly suggests...more

Mayer Brown

Governing Service Provider Relationships: Seven Legal Tips for Strengthening and Leveraging Contract Rights

Mayer Brown on

Too often, contract rights bargained and paid for in negotiations are eroded during governance. This podcast describes seven tips for governing service provider relationships in ways that leverage or strengthen contract...more

Ward and Smith, P.A.

When Is a Deal a Deal?

Ward and Smith, P.A. on

Oftentimes, individuals attempt to negotiate deals on their own without the benefit of legal advice and assistance. At best, this can lead to certain pitfalls. At worst, this can lead to the complete invalidity of the...more

Freeman Law

[Webinar] Tax Court Update and the Contracts Theme - March 11th, 11:00 am - 12:00 pm CT

Freeman Law on

You are invited to a Freeman Law webinar - Join us as we discuss important developments and bring you up to speed on current initiatives. Many businesses are still facing unprecedented challenges, and we are here to...more

Freeman Law

Types of Contracts in Texas

Freeman Law on

Texas Contracts - Texas law recognizes written contracts and oral contracts. However, there are other categories of contracts that may have implications under the law. Texas law recognizes the following four types of...more

Husch Blackwell LLP

Beyond Regulations: Hospice Business Contracts and Contract Disputes

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Hospices’ unique regulatory and business environment impacts how they contract with and relate to other private entities. In this episode, Husch Blackwell’s Meg Pekarske, Bryan Nowicki and Jake Harris discuss the many kinds...more

Allen Matkins

Howsoever Denominated, This Was Not Promissory Fraud

Allen Matkins on

Parties exchange drafts of a contract and before signing one party surreptitiously substitutes provisions in the copy to be executed.  Some might call this "promissory fraud", but as Justice William Dato explains in an...more

Mayer Brown

Reducing Dispute Risk in Technology Agreements

Mayer Brown on

Many companies are increasingly relying on third parties to provide critical services and technology to support their business objectives. While dispute clauses might not seem important at the time of negotiation, it is the...more

BCLP

Key trends in contractual negotiations

BCLP on

The pandemic has put many contractual relationships under immense pressure. We explored in our last Business as (un)usual article some of the problems which contracting parties may have inadvertently created for themselves...more

Carlton Fields

Government Contracting Phase One: Transitioning From Commercial to Government Work

Carlton Fields on

Due in large part to the COVID-19 pandemic, there’s been significant movement toward the government contracting arena and away from the commercial world. Join Carlton Fields attorney Joe McManus and Paul Williams, former...more

A&O Shearman

The force of “subject to contract”

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The Court of Appeal has held that a judge had “seriously undervalued” the force of using “subject to contract” wording in written correspondence between solicitors. Joanne Properties v Moneything Capital echoes what the...more

A&O Shearman

Judge hadn't erred by referring to pre-contractual negotiations

A&O Shearman on

The Court of Appeal has briefly considered the old chestnut of the admissibility of pre-contractual negotiations as an aid to interpreting an agreement: Morris Homes v Cheshire West and Chester Council....more

Williams Mullen

[Webinar] CLE Institute - What’s Keeping You Up at Night? Business Risks of COVID-19 - November 5th, 11:00 am - 12:30 pm ET

Williams Mullen on

Your company has navigated the first six months of COVID, but what is around the corner? In this program, our lawyers will provide some clarity around the various legal issues that are, or could be, affected as we move...more

Bowditch & Dewey

[Webinar] New Contracts: Pandemic Impact on Contract and Transaction Due Diligence - October 27th, 3:00 pm - 4:00 pm ET

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During times of economic turbulence and commercial uncertainty, your business team and corporate counsel are well advised to undertake a more deliberate and thorough due diligence process when entering into contract and...more

Bowditch & Dewey

[Webinar] Contract Review: Identifying Weaknesses, Strengths and Gray Areas to Get Ahead of Future Disruptions - October 20th,...

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Many companies and businesses have been challenged with the implications of the current Covid-19 crisis upon contractual obligations. During this big picture discussion, panelists will discuss best practices for the review of...more

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