合同与履行第 881 / 1632 题

A 'scope of work' provision in a construction contract is important primarily because it:

a.Defines what work is and is not included in the price
b.Fixes the sequence and duration of each activity on the job
c.Sets how extras will be priced once the owner requests them
d.Transfers to the owner the risk of unknown site conditions

解析

The scope of work fixes the boundary of what the contractor promised: inside it, the work is covered by the contract price; outside it, the work is a compensable extra. Every extras and change-order dispute is decided by reading it, which is why B&P §7159(d)(7) makes a description of the project and the significant materials a required term of a home improvement contract. (b) describes the project schedule, a different document — the scope says what, not when. (c) describes the changes clause, which sets the pricing mechanism once work outside the scope is ordered; the scope only tells you the work IS outside. (d) describes a differing-site-conditions clause; a bare scope statement allocates no risk.

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