Managing Change in Long-Term Commercial Agreements: Provisions for Mitigating Risk, Preserving Contractual Durability
Recording of a 90-minute CLE webinar with Q&A
This CLE course will offer guidance to counsel on managing change in long-term commercial agreements. Our panel will discuss strategies for incorporating risk-mitigating provisions for unforeseen changes, procedural considerations for documenting and implementing changes, and recommendations for structuring adaptive measures that preserve the parties’ contractual intent.
Outline
- Change management in long-term agreements
- Anticipated changes
- Unforeseen changes
- Emergency changes
- Procedural considerations
- Mandatory contractual changes
- Permissive contractual changes
- Documentation and implementation
- Dispute resolution and management
Benefits
The panel will review these and other relevant issues:
- How can parties effectively negotiate and implement change management mechanisms in a long-term transaction?
- What are the procedural considerations to limit parties’ exposure for changed conditions?
- What measures should counsel consider to manage disputes that may arise from failed change management procedures?
Faculty
Michael (Mike) Cortez
Shareholder
Andrews Myers
Mr. Cortez’s practice is focused on construction related transactions, including large, complex energy... | Read More
Mr. Cortez’s practice is focused on construction related transactions, including large, complex energy procurement and construction projects, design and construction contracts, project risk management and lien and bond claims. He has represented owners, developers, architects, contractors and EPC’s on a wide variety of construction projects. Mr. Cortez has significant experience representing clients in drafting and negotiating complex construction contracts under multiple project delivery systems. He served as outsourced project counsel with the largest engineering and construction company in the U.S., where he negotiated downstream procurement and service agreements, subcontracts and financial security agreements, related to a large, complex international LNG project for a leading global energy company.
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Mark Cohen, J.D., LL.M.
Attorney
Cohens Law
Mr. Cohen has 36 years of experience as a lawyer. His practice focuses on drafting and reviewing legal documents,... | Read More
Mr. Cohen has 36 years of experience as a lawyer. His practice focuses on drafting and reviewing legal documents, advising on and facilitating transactions, helping clients and lawyers improve their documents, and teaching innovative CLE classes. Mr. Cohen’s diverse legal career includes service as an Air Force Judge Advocate, service as a Special Assistant U.S. Attorney, seven years as a prosecutor, over 10 years as a municipal judge, and private practice. He served as the Chairperson of the Editorial Board of The Colorado Lawyer and taught advanced legal writing at the University of Arkansas School of Law. Mr. Cohen wrote six articles for the Am.Jur. Proof of Facts series, including the leading article on piercing the corporate veil. He is the founder of The Plain English Institute.
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