Drafting Contract Remedies – Damages and Their Limitations - Audio Webcast - Webcast
October 2017
Drafting Contract Remedies - Damages and Their Limitations
Access Timely Topics and National Experts with CBA-CLE 1-Hour Audio Webcasts
Program Description:
A contract is only as good as it is enforceable and, on breach, as good as a party can recover damages. Damages are complex business. There are issues of what type of damages – compensatory, consequential, non-economic – are available, which often turns on the type of underlying contract, its express terms, and the limitations of law. There are also issues of the measure of those damages – how much can a party recover? Planning also plays an important party, including the use of liquidated damages provisions and techniques for enhancing their enforceability, such as the use of personal guarantees, liens or escrow arrangements. Closely related to damages are equitable remedies - specific performance or even rescission. This program will provide you with a practical guide to drafting contract remedies to limit damages or enhance collectability.
- Types of contact damages, measure of damages, and implied or express limits
- Compensatory damages – general economic and consequential/special damages
- Liquidated damages – triggering events, collectability, and other issues
- Non-performance and delay damages in construction contracting
- Rarity of non-economic damages in contract breaches
- Role of secured interests, personal guarantees and escrow to ensure enhance damages collection
- Importance of choice of law provisions
- Equitable relief – rescission, specific performance, and restitution
Faculty:
Shannon M. Bell is a member with Kelly & Walker, LLC, where she litigates a wide variety of complex business disputes, construction disputes, fiduciary claims, employment issues, and landlord/tenant issues. Her construction experience extends from contract negotiations to defense of construction claims of owners, HOAs, contractors and tradesmen. She also represents clients in claims of shareholder and officer liability, piercing the corporate veil, and derivative actions. She writes and speaks on commercial litigation, employment, discovery and bankruptcy topics. Ms. Bell earned her B.S. from the University of Iowa and her J.D. from the University of Denver.
AUDIO WEBCAST INFORMATION:
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ACCREDITATION INFORMATION:
Each Audio Webcast has been submitted for 1 (or 2) General CLE Credit(s). Courses with an Ethics Component have been submitted for Ethics Credits accordingly.
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Each program will run from 11:00 a.m. to 12:00 p.m. M.T. (60 minutes each).
Registration Fees
| Non Member | $69.00 |
| Non Member | $69.00 |
| CBA Member | $49.00 |
| CBA Member | $49.00 |
| CBA Litigation Section Member | $39.00 |
| CBA Labor & Employment Law Section Member | $39.00 |
| CBA Litigation Section Member | $39.00 |
| CBA Labor & Employment Law Section Member | $39.00 |
| CLE ELITE Pass Holders | $0.00 |
| CLE ELITE Pass Holders | $0.00 |
- General Credits: 1.00
- Ethics Credits: 0.00
- EDI Credits:
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Access Timely Topics and National Experts with CBA-CLE 1-Hour Audio Webcasts