Scope of Work
The scope of work in a construction contract is one of the most important provisions in the contract. It describes everything that is expected of the contractor as far as the labor, materials, work and services to be provided under the contract. For general contractors, it encompasses the work required for the construction of the project. For lower tier project participants like subcontractors and sub-subcontractors, it describes their particular piece of the overall construction work for the project.
There is no magic formula for drafting the perfect scope of work provision that will fit each and every construction project regardless of size, complexity or payment method. While much of the analysis regarding the proper scope of work is naturally done by the parties during the bidding process, there is still work to be done during the negotiations over the terms of the contract. Most of the time, scope of work provisions include narrative portions and listings of project documents, usually from the pool of bid documents.
Owners and contractors bring different perspectives to the drafting of the scope of work provision in a construction contract when it comes to allocating risk and how general or specific a given scope of work provision should be. Owners usually desire scope of work descriptions that are broader and drafted in such a way that unstated but necessary work is included so as to avoid later claims for changes. On the other hand, contractors usually favor scope of work clauses that are more specific - many will want the clause to focus on their bid proposal and not a description of the work prepared for them by the owner or architect.
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