Work Order arrangements typically involve a framework allowing the parties to define the services to be provided on a project by project basis. A "work order" describing the tasks (i.e. objective, methodology, deliverable) for each project is drafted and incorporated into a standard set of terms and conditions which frame the contract. This greater flexibility in defining the services to be provided carries increased legal risk because the service description is almost invariably vague, imprecise and based upon the assumptions of the draftsperson. Incorporation of "proposals" as part of the work order service description is a second common risk. "Proposals" are typically drafted by sellers to entice buyers and usually contain broad language and "puffery" - language particularly unsuited for determining legal obligations and minimizing risks.
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