(PRWEB) April 15, 2014
WPL Publishing soon will host a webinar to help various professionals within the construction community avoid problems involving “boilerplate” clauses in their contracts.
Boilerplate provisions, often combined into one contract clause, govern the forum in which a suit or other proceeding must be brought (choice of forum), the law governing 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 executing contracts without considering 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. The webinar is designed to help parties avoid such a disadvantage. To register for the 90-minute event, scheduled for Thursday, April 24, 2014, at 1:00 p.m. (EDT), visit http://tinyurl.com/p6l8kyb.
The webinar, entitled “When the ‘Boilerplate’ Rules the Day: Choice of Forum, Choice of Law, Consent to Joinder in Other Proceedings, and Jurisdiction in Construction Contracts,” is intended to help attendees do the following:
- Understand how courts decide where suits can be brought and which law governs a dispute in the absence of relevant contract clauses.
- Grasp the fundamental meaning of choice-of-law and choice-of-forum provisions and how they are used.
- Learn the importance of the U.S. Supreme Court’s December 2013 decision in the “Atlantic Marine” case.
- Know the difference between mandatory and permissive choice-of-forum provisions.
- Learn how choice-of-law provisions can dramatically affect the balance in power between contract parties.
- Understand the function of a “consent to jurisdiction” clause and what rights a party waives through such a clause.
- Know the alternatives to one-sided procedural clauses.
Addressing attendees will be Jared Berg and Stephen Hess of Sherman & Howard LLC.
Mr. Berg is a member in Sherman & Howard’s Trial and Litigation departments. He has extensive experience representing clients in the construction industry. He represents a wide range of clients, including major developers, general contractors, small companies, and individuals. He has appeared in litigation and trials in several jurisdictions, including Colorado, Florida, Indiana, Montana, New Hampshire, Oklahoma, and Texas.
Mr. Hess has been identified as a Best Lawyer in America in “Construction Law” and in “Litigation -- Construction” through his practice with Sherman & Howard in Colorado. In addition to serving clients on matters across the United States, he is an active author, scholar, and speaker. He serves as editor of the American Bar Association’s law review “The Construction Lawyer.” In addition, he has edited “Construction Briefings,” a national construction law review, and national construction law treatises.
Following their presentations, there will be an interactive 10-to-15 minute question-and-answer session addressing relevant topics.
Webinar tuition is based on location, not number of participants, so each registration site can have multiple participants for one low price. To register, visit http://tinyurl.com/p6l8kyb.
WPL Publishing Co., Inc. provides expert training, education, and development resources for the construction industry via live webinars and its ConstructionPro Network website (http://www.ConstructionProNet.com). Through ConstructionPro Network, WPL publishes the independent newsletter ConstructionPro Week, providing news, analysis, and insightful commentary about recent developments involving construction law, green buildings, building information modeling, and various construction managerial technologies and techniques.