Why do contracts crash, capsize, and sink?

Why do contracts crash, capsize, and sink? Debt collection expert David Cook discusses the flaws that emerge in a breach. For example:

• Forum selection: Suing where the client is located leaves the client high and dry if the debtor is dissipating assets; out-of-state litigation might preclude an attachment.
• Out-of-state arbitration: Can make a prejudgment attachment inaccessible, and may preclude the creditor from any provisional relief. By the time the local judgment is entered, the debtor emptied everything out.
• Choice of law: Whose law? The law of the original domicile may not favor the client in seeking provisional, or any, relief. Different rules of jury trial can waive rights, rates of interest, and compounding.
• Mediation: A de facto stay of litigation.
• Interest: Without it, the debtor can default with great impunity. Interest might accrue at 10%, or might not.
• Attorney's fees clauses: Hit or miss, depending upon whether the collection lawsuit is a hit or miss. A motion to quash or motion to dismiss, given the requirement to arbitrate, can put an attorney?s fees at risk.
• Notice: Bad notice is no notice, and notice to a lock box is a nonstarter.
• Acceleration: Acceleration is never presumed. Does the contract have an acceleration clause or does the client have to wait to the bitter end?