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Administrative Services Contract
New York
How do you choose governing law?
I am a marketing consultant based in NY. I sent a contract to my new client who is located in VA. This was their question to me: "We have reviewed the contract with our attorney. Our only comment is on p. 5, paragraph 1, line 1, we would like it read This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Virginia. Please let me know if you are amenable to this change." I'd prefer to keep it in NY but don't want to lose the deal. What should I do?
1 Attorney answer
Answer
Advertising
New York
Orin K.
ContractsCounsel verified
The first thing to do is find out what the implications are of VA law as opposed to NY law and if you feel comfortable, ask the client why they want that. Contract law doesn't vary all that much between states, so if you make a contract and perform your part that shouldn't look different from one state to the next. It's possible their lawyer wants VA law because that's the law he/she knows.