Refining Your Construction: Part 1: Scope of Work

Date Posted: July 14, 2015

Posted In: Ideas,

By: Joseph C. Blanner, Esq., McCarthy, Lenard & Kaemmerer, LC

I am going to be doing a series of short pieces for the Construction Forum STL.  The first is on “Scope of Work”.

A frequent problem I have encountered in construction contracts is that they often do not clearly define the Scope of Work that is to be performed.  Essentially, a written contract is a legally binding document that assigns duties, responsibilities and expectations to each of its parties.  If the contract does not clearly articulate each party’s duties, responsibilities and expectations, there is considerable room left for disagreements regarding a host of issues.

Whether you are the owner, contractor or subcontractor, one of the most important provisions of any contract is the portion that deals with what work is to be performed.  I have seen countless instances where the Scope of Work was left to an understanding or discussion, but not clearly defined in writing. Often disputes arise because people’s recollection of what is to be performed differ.  These disputes, if not resolved, can lead to non-payment, work being improperly performed or even litigation.

So, it is critical to clearly and accurately define in the contract exactly what work is being performed and also what work is not being performed.  This actually should begin by clearly articulating the Scope of Work (and exclusions) in the contractor or subcontractor’s proposal or bid. This proposal or bid should then be incorporated into the contract as a contract document.

If there are certain plans and specifications that were bid off of, the Scope of Work should reference those specific documents, including any date.  If there are certain quantities that the contractor is intending to furnish, those should be referenced.  If there are certain conditions to performing the work, those should be mentioned.  The less ambiguity that is left in the Scope, the less confusion there will be when the work is being performed.  The less confusion, the less chance for disagreement.

Please let me know if you have any questions or comments concerning the foregoing.  I can be reached at jblanner@mlklaw.com.