The scope of work is the most critical piece of a construction
contract. Disagreement over scope of work is the most common cause
of construction disputes. A proper, careful and detailed scope of
work not only avoids disputes, it protects the owner from costly
changes. Unfortunately, this critical piece of the contract often
does not get the attention it requires.
We see many examples of this. They are often avoidable. For
example, some contracts simply fail to list some or all of the
specifications and drawings, or they refer to the wrong version.
Too frequently, scope of work documents are referenced with
insufficient clarity, or sometimes they are even described as
“attached” but then they are not actually attached. Bid
qualifications may be incorporated by reference, in conflict with
other contract documents, or with ambiguity as to the extent of the
qualifications. We have seen design development documents
incorporated by reference, along with (inconsistent)
