Structuring Risk Allocation Through Remedies Clauses: Special, Indirect, and Consequential Damages; Waivers; Indemnification; Insurance
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will advise counsel on negotiating and structuring remedy provisions contained in commercial contracts, as well as the considerations for such provisions in the current economic environment.
- Common remedies provisions
- Special, indirect, and consequential damages
- Liquidated damages
- Attorneys' fees
- Exclusive remedies
- Other remedies
- Damage waivers
- Interplay with indemnity
- Interplay with insurance requirements
- Negotiating, drafting, and enforcing risk allocations
- Negotiation considerations and strategies
- Enforcement considerations and strategies
The panel will review these and other key issues:
- What are the most commonly negotiated remedies in commercial contracts?
- What best practices should counsel to contracting parties apply when negotiating and drafting remedies provisions?
- What legal and practical challenges do counsel to contracting parties face when seeking to enforce remedies provisions--and how can they overcome them?
- What is the interplay between the remedies provision and the indemnity and insurance provisions in commercial contracts?
Karl F. Oles
For more than 30 years, Mr. Oles has helped owners, architects, engineers, and contractors solve complex legal problems... | Read More
For more than 30 years, Mr. Oles has helped owners, architects, engineers, and contractors solve complex legal problems through negotiation, mediation, arbitration, and trial. He has also drafted, negotiated, and analyzed multimillion-dollar design and construction contracts on a wide variety of construction projects. Mr. Oles serves as an arbitrator on the American Arbitration Association’s construction panel. He is co-author of the current standard treatise on Washington lien law.Close
Jeffrey A. (Jeff) Soble
Foley & Lardner
Mr. Soble’s practice focuses on product liability, commercial disputes between businesses, class action defense,... | Read More
Mr. Soble’s practice focuses on product liability, commercial disputes between businesses, class action defense, post-transaction disputes, construction losses, and general contract and tort law. He is experienced in supply chain management and contract enforcement, in particular with limited or sole-source suppliers and just-in-time suppliers. He has further experience in the litigation of insurance coverage claims. He is a member of the Firm's Business Litigation & Dispute Resolution Practice and former co-chair of the Automotive Industry Team.Close