How to Avoid Errors in the “Scope of Work” Clause per Jeanette Nyden, Ep #315

<p>“Scope of work” clauses may not be complex, but they are often misunderstood in a contract. It’s where I see the most mistakes and opportunities for future conflict. That’s why Jeanette Nyden is back! In this episode of Negotiations Ninja we talk about how to negotiate scopes of work correctly, the common screw-ups that we see, AND what to do about them. Don’t miss it! </p> <p><strong>Disclaimer</strong>: I am not a lawyer. This episode is for informational purposes only and does not constitute legal advice. Seek proper legal counsel if needed. </p> <h2>Outline of This Episode</h2> <ul> <li>[2:15] Learn more about Jeanette Nyden</li> <li>[4:00] Make sure your business objective is clear</li> <li>[6:01] Collaboration is key with scope of work</li> <li>[10:15] Overcoming the fears procurement has</li> <li>[12:52] What, where, when, why, and who</li> <li>[17:33] Building “TBDs” into the scope of work</li> <li>[20:14] Creating a provision for unknown unknowns </li> <li>[23:38] When error creeps into the scope of work</li> <li>[26:47] Take your time to address the right KPIs and SLAs</li> </ul> <h2>Make sure your business objective is clear</h2> <p>The first problem that Jeanette sees is that the scope of work in a contract isn’t tied to the business objective. You need to be able to read the scope of work and figure out what the objective is. When Jeanette first started working on contracts, she’d always ask what business objective they were trying to solve. It should be abundantly clear. </p> <p>In Jeanette’s book, “<a href= "https://www.amazon.com/Contract-Professionals-Playbook-Performance-Outcome-Based/dp/0578564076" target="_blank" rel="noopener">The Contract Professionals Playbook</a>,” she provides a tool that helps professionals detail what the business objective is. You want suppliers to read the scope of work and easily say “yes” or “no.” You also want to make sure that companies who aren’t qualified self-select out. If they don’t, it’s a recipe for disaster. </p> <h2>Create really good acceptance criter