Contract Drafting

Tips and Pitfalls

November 9, 2016 - NECCA seminar

Hemenway & Barnes Presents:

Contract DraftingTips and Pitfalls

Every business enters into a wide range of contractual relationships, covering issues as diverse and important as employment contracts, equipment or real estate leases, construction contracts, licensing agreements, contracts for products or services, and many more. The terms of the contracts governing these relationships can be critical to the success of a business, particularly as circumstances change and relationships evolve. This seminar will focus on thoughtful drafting of contracts with a particular emphasis on provisions that are common to the range of contracts encountered by in-house counsel, with an eye toward minimizing the likelihood of future disputes.

Topics covered will include:

• Essential elements of a contract and general drafting considerations

• Considerations in drafting representations and warranties, covenants and conditions

• The importance of indemnity provisions and their relationship to insurance

• Default provisions and liquidated damages• What is covered in the “miscellaneous” (so-called “boiler plate”)

provisions near the end of a contract and why these require attention

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Mark Elefante, partner, is the chair of the Business Law Group at Hemenway & Barnes. He works with clients in the areas of real estate and business law, and also serves as a private fiduciary for family trusts. Mark represents privately held businesses and nonprofit organizations, with a particular focus on acquisition, financing, permitting, development, leasing, and sale of commercial real estate. He also advises individuals and families in a variety of areas, including the purchase, sale, development, conservation, and ownership of residential property. Mark is also a Vice President of Hemenway Trust Company, a New Hampshire based private fiduciary firm.

Teresa Belmonte, partner, concentrates her practice in the areas of business and real estate law. Teresa’s business practice includes advising closely-held businesses and nonprofit organizations on operational and governance matters, mergers and acquisitions, and shareholder and member issues. Teresa’s real estate practice includes advising owners of both commercial and residential real estate on acquisitions, sales, financing, and leasing, as well as condominium, cooperative, land use, environmental, and permitting issues.

Nathan McConarty, associate, concentrates his practice on the representation of businesses in all stages of their corporate growth, including debt and equity financings, mergers and acquisitions, corporate restructurings and other general commercial transactions. As a member of the firm’s Business Law Group, Nathan counsels boards and management teams in addressing regulatory requirements and corporate governance matters. He also works closely with Hemenway & Barnes’ Nonprofit Group in advising tax-exempt entities with regard to formation, restructuring, regulatory and compliance issues.

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