Contract Law: Drafting Intensive
This practical webinar will enable you to fine-tune your contract drafting skills. Ensure you are across the correct techniques, tips and traps so that the contract you are drafting for your client is watertight form the get-go. Hear from our expert panel of speakers as they take you through how to effectively negotiate a contract, how to deal with implied terms and unsigned contracts, how to draft indemnity clauses and common tripping points when drafting and negotiating technology contracts. WEB233NZA36
Description
Attend and earn 4 CPD hours
Chair: Christine Gordon, Senior Associate, Simpson Grierson
9.00am to 10.00am Contract Negotiation
Practical and legal tips to help guide you through the negotiation of a commercial contract.
- Preparation
- Managing your client
- Managing the negotiation
- Document management
- Tips and tricks
Presented by Campbell Featherstone, Partner, Dentons Kensington Swan
10.05am to 11.05am Implied Contractual Terms: When is an Unsigned Contract Enforceable?
An insightful look at the key principles and the latest case law in this important area of contracts:
- Conduct of parties is critical
- Authority of agents including lawyers to bind principals
- Relevance of past performance
- Special rules for deeds
- Some common situations and how to deal with them
Presented by Colin Hunter, Associate, Hesketh Henry
11.05am to 11.15am Break
11.15am to 12.15pm Drafting Effective Liability and Indemnity Clauses
Allocation of risk is a key consideration when drafting a contract. When will a party be liable and for how much?
- Gain an update on principles applicable to contractual liability
- Take away some practical tips on how to draft effective liability and indemnity clauses
Presented by Amy Ryburn, Partner, Buddle Findlay
12.20pm to 1.20pm Drafting and Negotiating Technology Contracts: Key Issues to Consider
We will look at some of the key issues to consider when drafting and negotiating technology contracts, such as:
- What is the scope of the project and how is the contract to be structured?
- What type of solution is it? (Bespoke software, licensed software, SaaS?)
- Which development methodology is being used (e.g. agile or waterfall) and how does that affect the contract?
- Who owns the IP?
- What are the supplier’s ongoing service and maintenance obligations?
- What protections are there for the purchaser if things go wrong?
Presented by Keri Johansson, Senior Associate, Buddle Findlay
Learning Objectives:
- Learn how to effectively negotiate contract terms and clauses
- Receive valuable information on how to enforce an unsigned contract
- Gain a deeper understanding of indemnity and liability clauses in a contract
- Obtain insights into technology contracts and how they differ from standard contracts
Presenters
Christine Gordon
Christine is a senior associate in the construction group. She has gained over 12 years’ experience as a specialist construction lawyer at leading firms in New Zealand and London, before joining the firm. Christine advises a broad range of construction parties from principals, contractors and sub-contractors to engineers, architects and insurers on issues arising both during and after construction. She has experience with New Zealand and international forms of construction contracts and consultancy services agreements. Christine’s experience extends to acting for parties in resolving complex and high value disputes through arbitration, mediation, adjudication, court, expert determination and other dispute resolution forums.
Campbell Featherstone
Campbell is a partner in Dentons Kensington Swan Wellington’s corporate and commercial team. He provides advice on all corporate and commercial matters including procurement projects, privacy, IT agreements (including SaaS, agile and waterfall software development, and traditional licensing), IP licensing and consumer and marketing law compliance. In doing so, he is frequently engaged to assist his clients to draft, negotiate and advise on complex commercial arrangements – often with multiple moving parts. He has significant international experience, having previously worked in the UK and the Middle East before returning to New Zealand in 2018, and advises clients based the world over. As a result, he has been exposed to many different drafting and negotiating styles and strategies.
Colin Hunter
Colin graduated from the University of Auckland with a Bachelor of Law (Hons) and was admitted as a Barrister and Solicitor of the High Court in 2016. He specialises in civil litigation, with particular expertise in maritime and insurance law. Colin excels at complex legal analysis and cross border claims. Colin has experience across a broad range of trade and transport disputes. He has acted on cargo (wet and dry), international trade, collisions, fires, ship repair, ship arrest and charterparty disputes. Colin has acted for many New Zealand insurers with respect to professional indemnity, directors and officers, income protection, construction works, property, life and disability, and marine insurance. He also has experience with offshore insurers and re-insurers to provide advice on New Zealand insurance law and registration as a New Zealand insurer. Colin has successfully argued before the High Court and supported litigation in the Court of Appeal and Supreme Court. He is a creative problem solver with strong legal knowledge and a pragmatic negotiation style. Prior to being a lawyer Colin was a jazz musician. He has given his time to teach Burmese refugees and students in need. He has a passion for cooking and has regularly cooked for Auckland’s homeless population. Colin has been a member of the Maritime Law Association of Australia and New Zealand since he was a law student. He has given talks at the branch and national conference on marine insurance and admiralty issues.
Amy Ryburn
Amy Ryburn is a partner in Buddle Findlay’s corporate and commercial team. She specialises in commercial contracting and procurement, in particular in relation to technology, media and telecommunications (TMT). Her expertise includes drafting and negotiating agreements for a wide range of TMT projects including cloud computing solution implementations, a full range of network and other telco service contracts, software development projects (using both agile and waterfall methodologies) and complex TMT outsourcing arrangements.
Keri Johansson
Keri is a commercial lawyer specialising in tech, media and privacy. She drafts and negotiates a wide range of IT contracts, from standard terms of purchase or supply, to complex multi-supplier procurements, including development and licensing projects (using traditional, agile or hybrid methodology), cloud/SaaS service and implementation arrangements, and outsourcing. She also provides regulatory and commercial advice to technology and media companies bring new products and services to market, and advises on data privacy issues (including data breaches, data transfer and offshoring).