The Miscellaneous Section of a Contract

In this day of computers, forms, electronic drafting assistants, and Google searches, very few if any attorneys start a contract from scratch each time. This paper presents certain issues that can arise in connection with the miscellaneous sections of a contract from a trial attorneys’ perspective. What are some of the red flags for when the miscellaneous sections of a contract should be treated as “deal points” and when are they just “belt and suspenders”? When are these clauses merely boilerplate, and require no variation from the prior version, form or sample used?