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PLAYBOOK TEMPLATES

Subcontracting Agreement

A Subcontracting Agreement defines obligations between a primary contractor and subcontractor for project execution. This playbook examines flow-down provisions, performance guarantees, and dispute management.

Scope of Services

Why This Matters: Ambiguous scope can lead to unmet expectations, cost overruns, and legal disagreements over deliverables.

Negotiation strategy

If you're the Primary Contractor:

Ensure the scope is clearly defined to avoid scope creep. Include specific deliverables and timelines to hold the Contractor accountable.

If you're the Contractor:

Negotiate for flexibility in the scope to accommodate unforeseen changes. Ensure any additional work is compensated appropriately.

Essential elements

1

Scope Definition

Defines tasks and deliverables.
2

Changes to Scope

Modifications require written agreement.
3

Limitation on Scope

Limits responsibilities to defined scope.

Action framework

ACCEPT

Propose edits if the scope lacks clarity or detail.

EDIT

Reject if the scope is overly restrictive or vague.

ADD

Add language for additional compensation for extra work.

PRO TIP

Always document any changes to the scope in writing to prevent disputes.

Example clauses

FAVORABLE

Comprehensive Scope Definition

"The Contractor shall perform the services as described in Exhibit A, including all tasks and deliverables outlined therein."
NEUTRAL

Basic Scope Clause

"The Contractor agrees to perform the services as outlined."
UNFAVORABLE

Vague Scope Description

"The Contractor will provide services as needed."

Fallbacks

High-Risk Projects

In high-risk projects, a detailed scope is crucial to manage risks and expectations. Ensure all parties agree on the scope to avoid costly disputes.

Long-Term Contracts

For long-term contracts, include provisions for periodic review and adjustment of the scope to adapt to changing needs.

Technology Services

In technology services, clearly define deliverables and performance standards to ensure quality and compliance with industry norms.
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