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Contract Terms Contract Negotiations Contract Disputes

Morgan Lewis - Tech & Sourcing

Is Your Force Majeure Clause Tariff-ic?

Given the rapid, sweeping, and unpredictable changes in the tariff landscape, we return to the force majeure clause, a now-recurring theme following the COVID-19 pandemic and cyberattacks. Although, like many force majeure...more

DLA Piper

Contracting for Turbulent Times

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It's fair to say that recent years have been challenging for business. Numerous disruptive events have put pressure on global supply chains. And the nature of these events has been unpredictable and varied. The COVID-19...more

Adams & Reese

Protecting Your Mission: A Veteran Business Owner’s Guide to Contracts

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Contracts are the bedrock of any successful relationship between business owners and their clients, vendors, and/or partners. They are legally binding agreements that clarify expectations, define responsibilities, and provide...more

Lathrop GPM

Top 5 Issues in Commercial Contracts: A Guide to Protecting Your Business

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Commercial contracts are a foundational element of any business. Whether you’re a startup, a well-established company, or somewhere in between, these agreements set the stage for how business will be conducted, outline roles...more

Arnall Golden Gregory LLP

Three Easy Tips for Lease Negotiations

In negotiating leases, there are many potential pitfalls. Below, we highlight three common issues, as well as smart strategies that will lead to better outcomes at the negotiation table. A failure to distinguish important...more

Stark & Stark

Understanding the Right of First Refusal Clause in Real Estate Transactions

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What is a right of first refusal clause in a real estate transaction? A right of first refusal, “ROFR,” may be considered a common clause seen in real estate agreements. But the effects of an ROFR can be quite harmful if...more

BCLP

"Battle of the Forms” in the Hong Kong Construction Industry

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What lawyers call a “battle of the forms” occurs when two parties, negotiating a contract, exchange conflicting standard terms during the contract negotiation and formation. This leads to the obvious and not uncommon dilemma:...more

Nelson Mullins Riley & Scarborough LLP

Avoiding Contract Conflicts: Five Key AIA Provisions to Align with Lease Agreements

This article continues a series offering practical guidance to developers, owners, and project teams on how to proactively harmonize American Institute of Architects (AIA) construction documents with the broader contractual...more

Porter Hedges LLP

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

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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

Wiley Rein LLP

[Podcast] Contracting for Success: Key Legal Considerations When Segmenting Pharmacy Benefit Programs

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In this episode of The Wiley Contracting Chronicles, co-hosts Jordan Ross and Brooke DeLoatch take a deeper dive into program segmentation within pharmacy benefit programs. After outlining the concept in their previous...more

Hanson Bridgett

Protecting Your Bottom Line: Adjusting Supply Chain Contracts to Mitigate Tariff Impacts

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Recent shifts in international tariff policies have created significant uncertainty for US importers. As a buyer, revisiting your supply contracts now can help safeguard your business from unexpected costs and disruptions. ...more

Tucker Arensberg, P.C.

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

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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

Seyfarth Shaw LLP

Allocating the Risk of Tariff Price Increases

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As the Trump Administration’s tariffs are now in effect, owners, developers, and contractors managing pending construction projects face questions about who is ultimately responsible for impacts (both time and cost) resulting...more

DarrowEverett LLP

Commercial Tenant Improvements: Key Considerations for Lease Negotiations

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A significant inducement in many new leases and lease renewals is landlord funding and/or constructing improvements that customize the leased premises to the needs of the tenant’s business. The allocation of cost for these...more

Gray Reed

Industrial Insights: Time Extensions

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Well, Q1 of 2025 ended with a bang and continued the expansion of transactional work for the Gray Reed Construction Team. The announcement of tariffs and feared disruptions in the supply chain certainly created a point of...more

A&O Shearman

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

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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

Cohen Seglias Pallas Greenhall & Furman PC

Tariffs and Material Escalation Terms During Trump 2.0

During the first Trump administration and the pandemic, contractors frequently demanded contract terms allowing price adjustments if the cost of materials increased due to tariffs or pandemic-era supply chain disruptions....more

JAMS

Tariffs, Contracts and the Negotiation Imperative: Why the Old Playbook Won’t Work

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New tariffs and economic shocks are placing immense strain on business contracts and relationships. For companies entangled in long-term agreements, the instinctive reaction—litigating or engaging in a zero-sum renegotiation...more

Stikeman Elliott LLP

The Quebec Court of Appeal Clarifies the Rules of Engagement When Negotiating Renewal Terms for a Commercial Lease – The Freedom...

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In 2177 23rd Avenue Holdings v. Pival International inc. (2025 QCCA 19) dated January 9, 2025, the Quebec Court of Appeal rendered an enlightening decision on the obligation of a landlord to negotiate the terms and conditions...more

Offit Kurman

OK at Work: Navigating Customer Terms and Usage

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On this week's OK at Work, Sarah Sawyer and Russell Berger discuss strategies for both the terms and usage of customer contracts. Listen to learn more....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

Kilpatrick

7 Key Takeaways | Ethics in Construction Contract Negotiations and Claims

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Kilpatrick’s Brian Gaudet and Courtney Lynch, both Board Certified Construction Lawyers (TBLS) from our Houston office recently presented to the Association of Corporate Counsel, Houston Chapter. Brian and Courtney discussed...more

Venable LLP

"The Government's Just Not That into You" - Can a Prime Contractor Terminate Its Subcontractor Just Because Someone in the...

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Federal contracts famously include a clause permitting the government to terminate the agreement for the government's own "convenience"—even if the contractor did not default on its performance obligations. Aware of this...more

Allen Matkins

If A Contract Creates No Legally Enforceable Rights, Is It A Contract?

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The word "contract" is derived from the Latin word contrahere which means to draw (or drag) together.   The California Civil Code defines a "contract" as "an agreement to do or not to do a certain thing".  Cal. Civ. Code §...more

BakerHostetler

The SaaS Tacks – The Ins and Outs of Negotiating SaaS Contracts

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Partners Matt Pearson and Craig Carpenter discuss the reasons behind the urgency of SaaS contract planning and the creative ways service customers can use the terms and agreements to their advantage. Questions & Comments:...more

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