Learn how to prepare for the battle of the forms.
When a construction contract first comes into being there is an intent for it and then purposeful creation of the contract. There can be a competitive bid or a negotiation between the parties before the execution of any documents that finalizes the agreement. However, there are situations that arise where attorneys find that there is a blind boilerplate purchase order that gives rise to the arrangement, that is rarely done by contract negotiation, which brings up the battle of the forms. This video reviews what happens during the battle of the forms.
Agenda
Faculty
George F. Burns, Esq.
Bernstein, Shur, Sawyer & Nelson, P.A.
- Shareholder of Bernstein, Shur, Sawyer & Nelson, P.A. and member of the firm’s Construction and Litigation Practice Groups, and its Dispute Resolution Group
- Over four decades of experience, focusing on litigating, arbitrating, and mediating business and construction disputes
- Trial experience ranges from securities claims and partnership disputes to construction cases involving schools, power plants, and bridges
- Well-versed in assisting clients in the forest products industry and represents several related trade associations
- Member of the Commercial Panel of the American Arbitration Association
- Appointed by the Maine Supreme Court as an arbitrator, mediator, and early neutral evaluator for its Court Alternative Dispute Service (CADRES)
- Frequently shares his expertise in construction law, as well as related areas like insurance and product liability, in lectures and seminars around the country
- Co-author with his partner Michael Bosse of the ABA book, Building the Construction Case: A Blueprint for Litigators, 2014
- J.D. degree, New York University; B.S. degree in international affairs, Georgetown University School of Foreign Service
- Can be contacted at [email protected]
Asha Echeverria
Bernstein, Shur, Sawyer & Nelson, P.A.
- Shareholder of Bernstein, Shur, Sawyer & Nelson, P.A.’s Construction Law and Energy groups
- Specializes in dispute resolution involving construction, energy, insurance, and banking claims
- Licensed professional engineer and LEED® Accredited Professional with firsthand experience with the ins and outs of construction, demolition, and green-energy projects
- Represents energy clients, including power plants from New England to the Caribbean, in long term contract negotiations Successfully litigated coverage issues with insurance companies, including claims under Maine’s Unfair Settlement Practices Act
- J.D. degree, cum laude, The George Washington University Law School; B.S.E. degree, cum laude, University of Pennsylvania
- Can be contacted at [email protected]
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