There is no more current and complete work available for the Maryland lawyer charged with drafting agreements that clearly express their clients’ intent in a manner that avoids disputes and subsequent intervention by the courts. Written and arranged as a practice tool, but researched and annotated like a treatise, Contract Drafting and Review for the Maryland Lawyer (MSBA 3d Ed. 2020) offers an encyclopedic reference for drafting any type of agreement. The Third Edition provides the transactional lawyer an explanation of, and options for, each part of a contract document, from the title to its signature requirements, and everything in between.
Designed to help avoid the pitfalls inherent in uncritically repurposing old contract forms to cover new situations, Contract Drafting and Review for the Maryland Lawyer explains the purposes that underlay each section of a contract, and its relationship to the document as a whole. It exposes traps for the unwary, provides scores of practice tips, and offers hundreds of sample clauses, definitions, and contract provisions for use in a variety of situations.
New to the Third Edition is its discussion of recent case law concerning jurisdiction and venue provisions; the distinction between broad, vague, and ambiguous terms; and the use and interpretations of conjunctive and disjunctive terms. The latest edition also includes an updated table of statutory and common law authorities, and an updated bibliography, arranged by subject, that directs the user to additional sources for substantive insight, drafting tips, and sample forms.
Chapter 1: What a Contract Looks Like
Chapter 2: Initial Matters
Chapter 3: Recitals
Chapter 4: Definitions
Chapter 5: Representations and Warranties
Chapter 6: Operative Language
Chapter 7: Covenants and Conditions
Chapter 8: Remedies
Chapter 9: Dispute Resolution
Chapter 10: Back of the Document
Appendix A: Checklist for Drafting and Reviewing Contracts
Appendix B: Bibliography