Structuring Termination Clauses in Commercial Contracts: Force Majeure, Impossibility, Frustration of Purpose, Damages
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide business counsel through legal concerns in negotiating termination and suspension provisions contained in commercial contracts drafted in a pre-pandemic world, as well as the considerations for such provisions in the post-pandemic economic environment. The panel will discuss other considerations and means of limiting liability and damages.
- Termination provisions generally
- Triggering events
- Default provisions
- Force majeure
- Impossibility/frustration of purpose
- Increased costs
- Equitable relief
- Other damages
The panel will review these and other relevant topics:
- What triggering events and provisions should an attorney consider when drafting a commercial agreement?
- How can counsel tailor force majeure provisions in agreements during COVID-19?
- When does impossibility or frustration of purpose arise in the performance of a commercial agreement?
- How can damages be assessed in termination provisions to include the added costs of performance due to delays?
- When and how should parties seek equitable relief in commercial agreements?
Tesser & Cohen
Mr. Lakind's practice focuses on construction law including construction defect litigation, Consumer Fraud Act... | Read More
Mr. Lakind's practice focuses on construction law including construction defect litigation, Consumer Fraud Act claims, equitable adjustment/delay claims, insurance issues related to construction, construction lien law, public bid protests, professional malpractice claims involving design professionals, and negligence/tort claims arising out of construction projects. Mr. Lakind also drafts and negotiates contracts for a wide array of construction projects, including large public and commercial projects, solar power installations under Master Service Agreements, and residential contracts. He handles all aspects of construction related litigation, including trials, depositions, motion hearings, and navigating the discovery process.Close
Vanessa L. Miller
Foley & Lardner
Ms. Miller’s practice focuses on general manufacturing breach of contract and warranty disputes, automotive... | Read More
Ms. Miller’s practice focuses on general manufacturing breach of contract and warranty disputes, automotive supply chain disputes, product liability lawsuits, trade secret claims, and business torts. Ms. Miller defends consumer class actions involving claims of breach of contract, breach of warranty, fraud, negligence, and unjust enrichment. Ms. Miller also routinely counsels clients on various commercial contract documents and supply chain issues. She is a member of the firm’s Business Litigation & Dispute Resolution Practice, Automotive Industry Team and Manufacturing Industry Team.Close