Video

  • 9 minutes

Controlling the Contracting Process

 
What do you need to do to control the contracting process? The legal rules are deceptively easy, but incredibly difficult to apply as there is a great pressure to make the deal; but what is the offer when no one actually engages? It is important to avoid oral agreements and equally important to avoid the trap of assuming you control the offer. The tables can turn when the other side tenders terms. Therefore, all communications must include “my way or the highway” language. Consider having “no deal until signed” language in all of your communications.

In this 8-minute video our speaker, Darrell W. Pierce, reviews force majeure case law where a take or pay contract for polysilicon with a force majeure clause excusing performance due to “causes beyond such party’s control, including without limitation: acts of God; acts of Government or public enemy. He also offers practical considerations and recommendations for controlling the contracting process.

Darrell W. Pierce is a member of Dykema Gossett PLLC in Ann Arbor, Michigan. He focuses on corporate and commercial transactions, particularly those governed by the Uniform Commercial Code. Mr. Pierce has more than 30 years of experience in the practice of corporate and commercial law.
Runtime: 8 minutes

Agenda

Faculty

Darrell W. Pierce

Darrell W. Pierce

Dykema Gossett PLLC

  • Member of Dykema Gossett PLLC in Ann Arbor, Michigan
  • Focuses on corporate and commercial transactions, particularly those governed by the Uniform Commercial Code
  • More than 30 years of experience in the practice of corporate and commercial law
  • Fellow of the American College of Commercial Finance Lawyers
  • Represents lenders and borrowers in commercial finance transactions
  • Served on the Article 9 Study Committee and the Article 9 Drafting Committee as the chair of the Article 9 Filing Project
  • Frequent lecturer on Uniform Commercial Code issues
  • J.D. degree, University of Michigan Law School; A.B. degree, Dartmouth College
  • Can be contacted at 734-214-7634 or [email protected]

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