Boilerplate Construction Contract Terms Rule the Day:
How to Use Them to Your Advantage
Presented by:
Stephen A. Hess and Jared Berg
Sherman & Howard, LLC
Several contract provisions that are often viewed as falling with “boilerplate” clauses usually do not attract the attention or negotiation that their importance calls for. These provisions (which are often combined into one contract clause) govern the forum in which a suit or other proceeding must be brought (choice of forum), the law that will govern the parties' relationship and obligations under the contract (choice of law), a party's consent to be joined into other dispute resolution proceedings involving third parties and a party’s consent to the jurisdiction of a distant forum. Parties who execute contracts without consideration of these clauses may find themselves at a crippling procedural disadvantage when litigation or arbitration arises to the extent that a meritorious claim or solid defense becomes far less valuable -- or even meaningless -- in the face of compromised enforcement rights.
In this informative 90-minute program, Stephen A. Hess and Jared Berg of Sherman & Howard, LLC will present an overview of these “boilerplate” terms and discuss how parties can protect themselves during the negotiation of construction contracts. Attendees of this program will:
- Understand how courts decide where suits can be brought and what law governs a dispute in the absence of relevant contract clauses
- Discover the fundamental meaning and use of choice-of-law and choice-of-forum provisions
- Learn the importance of the U.S. Supreme Court’s December 2013 decision in Atlantic Marine
- Ascertain the difference between mandatory and permissive choice-of-forum provisions
- Recognize that choice-of-law provisions can dramatically affect the balance in power between the contract parties
- Determine the function of a “consent to jurisdiction” clause and what rights a party waives through such a clause
- Become conversant with alternatives to one-sided procedural clauses
- And much, much more!
Who Will Benefit:
This webinar is a must if you’re a public or private owner, construction manager, contractor, subcontractor, consultant, architect, engineer or attorney.
Meet Your Expert Instructors:
Jared Berg is a Member in Sherman & Howard’s Trial and Litigation Departments. He has extensive experience representing clients in the construction industry. Mr. Berg represents a wide range of clients from major developers and general contractors to small companies and individuals. He has appeared in litigation and trials in several jurisdictions, including Colorado, Texas, Indiana, Florida, Montana, Oklahoma and New Hampshire. Mr. Berg has spoken on numerous topics related to construction law, including construction contracts, construction-defect litigation, and construction-related insurance and other risk-management techniques. Mr. Berg is a 2004 graduate of the University of Virginia School of Law.
Stephen A. Hess has been identified as a Best Lawyer in America in “Construction Law” and in “Litigation – Construction” through his practice with Sherman & Howard, LLC in Colorado. In addition to serving clients on matters around the country, Mr. Hess is an active author, scholar, and speaker. He is currently the Editor of the American Bar Association’s law review The Construction Lawyer, previously served as Editor of Construction Briefings, a national construction law review, and has edited national construction law treatises. Mr. Hess has written numerous law review articles on topics covering the breadth of construction law and litigation, has spoken nationally at construction law programs, has written several treatises on litigation-related issues, and is an Adjunct Professor at Sturm College of Law (University of Denver), where he created the school’s Construction Law Seminar. He is a member of the American Arbitration Association’s National Roster of Construction Arbitrators.
