In this presentation, we delve into the intricate realm of the Uniform Commercial Code (UCC) "battle of the forms," a critical aspect of contract law in the construction industry when dealing with the sale of goods.
The UCC "battle of the forms" occurs when contracting parties exchange conflicting terms in their contractual documents, leading to disputes over which terms govern their agreement. To avoid the UCC's default provisions, construction professionals must counsel their clients on the importance of actually negotiating terms up front and must craft their contract forms carefully.
We explore key contract clauses, such as clear acceptance and rejection procedures, choice of law and venue provisions, and specific dispute resolution mechanisms, which can help construction practitioners assert control over the terms of their contracts and minimize the applicability of the UCC's gap-filler provisions.
SPEAKERS
- Jacob D. Farrell, Maynard Nexsen PC, Greensboro
- David A. Senter, Maynard Nexsen PC, Raleigh
PRODUCED
Session from The New Basics: Reexamination of Key Concepts for Construction Attorneys (2024 Construction Law Section Winter Program), February 15, 2024
APPROVED CREDIT
North Carolina: 1.00 MCLE Hour
PROGRAM PRICING
See pricing below.
Access to the program and content expires ninety (90) days from the date of purchase.
