Drafting and Negotiating Liquidated Damages Clauses in Business Contracts

recording Drafting and Negotiating Liquidated Damages Clauses in Business Contracts

You Will Learn:

  • No-no language traps to avoid when drafting the liquidated damages clause
  • Circumstances when courts have not enforced liquidated damages (and how to avoid them)
  • What’s considered ‘reasonable’ liquidated damages at time of contract (and breach)
  • What makes calculation of actual damages so difficult
Access the pre-recorded audio conference
$365.00
 

While most business contracts contain a damages clause, they’re not always enforceable.

In fact, using boilerplate clauses often leads to unintended consequences. Business counsel can help mitigate challenges to enforceability through careful drafting of liquidated provisions.

This CLE provide strategies for anticipating and overcoming enforcement hurdles with the clauses.

Learning Objectives

During this information-packed webinar, our expert faculty will present real life examples and considerations for drafting and negotiating of liquidated damages provisions in commercial contracts.

  • A review of scope and cap/limitations on liquidated damages amounts
  • No-no language traps to avoid when drafting the liquidated damages clause
  • Circumstances when courts have not enforced liquidated damages (and how to avoid them)
  • What’s considered ‘reasonable’ liquidated damages at time of contract (and breach)
  • What makes calculation of actual damages so difficult
  • Which party bears the burden to prove the enforceability, entitlement, and calculation
  • Dangers of using boilerplate liquidated damages provisions
  • Differences between liquidated damages on public and private projects
  • Understanding what constitutes a successful defense
  • Checklist of essential drafting questions

Product ID: 5635

Discover How to Anticipate & Overcome Enforcement Hurdles with Liquidated Damages Clauses!

Order my recording now

Faculty

Noel R. Bagwell
Noel R. Bagwell
Attorney at Law

Noel Bagwell is an attorney and the founder of Executive Legal Professionals, a Small Business Legal Services firm headquartered in Nashville, TN. A graduate of Cumberland School of Law at Samford University in Birmingham, AL, Noel also serves as the Start-ups & Small Business Aspect of Practice Leader for the National Center for Preventive Law. Noel has developed Executive Legal Professionals into a growing, full-service law firm with attorneys serving entrepreneurs and businesses in multiple states.

Continuing Education Units

  • cle

    C4CM provides audio conference attendees with CLE credit processing services. To expedite C4CM processing your CLE request, please complete and submit the evaluation form available from C4CM at the conclusion of the audio conference. It will be necessary to enter the following information: name of each attorney requesting CLEs with full contact information, including e-mail address, bar number, and the state in which the attorney wants credits. Each attorney requesting credits must submit an evaluation.

    Please be advised C4CM audio conferences are subject to approval from each CLE issuing organization and approval is not guaranteed (state bar associations in Delaware, Indiana, Kansas, Ohio, and Pennsylvania do not grant CLE credits for audio conferences). The approval process takes approximately 6 – 8 weeks for most organizations but can take as long as 3 – 4 months. You will be notified via e-mail with the final status of your CLE application.

    Any person applying for CLE credits must attend the audio conference from start to finish (attendance will be taken for compliance reasons). Requests for CLE credits must be received no later than two weeks following the conclusion of the audio conference or live conference. CLE credits are not available for CD recordings.

    If you have any questions regarding CLE credits, contact Jill Adler at 631.368.2082 x 21 or jill.adler@meeting-matters.com.

Discover How to Anticipate & Overcome Enforcement Hurdles with Liquidated Damages Clauses!

Order my recording now

Scroll To Top