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Posted on: Oct 9, 2020

Top Tips for Drafting and Negotiating Remedies Provisions in Commercial Contracts: Five Takeaways

By Brock Easton, Alerding Castor LLP

The Business Law Section recently hosted a program covering drafting and negotiating remedies provisions in commercial contracts. Here are the things you should remember:

  1. Remedies provisions are about shifting risk, so careful and strategic drafting and negotiation are key to helping your client.
  2. Be specific in drafting remedies provisions.
  3. Provide clearly drafted language that has only one interpretation.
  4. Play out an entire situation of a provision so that all potential issues can be identified and addressed in drafting and negotiating.
  5. Pay attention to the law to ensure your provisions do not risk being invalid.

Want to learn more about this topic? You can purchase and download the full program now here!

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