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hi my name is Alex Barth vet Im a construction lawyer at the bar that firm today were going to talk about for very specific contract provisions they include the merger clause limitations on liability governing law and venue and attorneys fees and costs lets get started first lets talk about merger clauses a merger clause is a written provision that says to the extent you and I discuss either verbally or in writing any contract provision if it doesnt exist in the contract were signing today it doesnt exist at all let me give you an example lets say you and I are negotiating this contract and I exchange emails with you and it says that youre gonna pay me every 15 days the contract in contrast says that youre gonna pay me only every 30 days if the contract contains a merger clause then the courts will construe that merger clause to mean that the fact that you were negotiating payment terms at 15 days is of no moment what the court is going to look at is what are the terms of pay