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MSAs for Construction Services question

If you want to set up a Master Construction Services Agreement with a contractor or group of contractors to cover upcoming construction projects over the next 1-3 years, but the pricing model (or delivery model) may vary on each of the individual projects, how could that structure work?

4 replies

Feb 25, 2022

The most likely answer is that you would develop the MSA to cover terms that won't change and make sure it says that scope, price, and delivery model will be handled as part of a separate PO that covers individual projects. More detail would be helpful to get this one right, but it should not be a heavy lift. Please feel free to call me if you would like to discuss it.

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Feb 25, 2022

Thank you so much for the response. As for more details - This is a large company with locations all over the US - project types vary and details vary. They have a large amount of spend in construction services and would like to consolidate under fewer, more strategic contractors in order to get better rates, among other benefits. The intent is the set up MSAs that lock in key terms and cost components (contractors fee on sliding scale by size/type). Challenge is how to do that but maintain flexibility in project specifics. Any insight would be helpful.

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Feb 25, 2022

No problem. There are enough parameters that it makes it hard to outline things in a short email or post. For example, you will also have to vary the T&C's depending on the jurisdiction to deal with different lien laws, prompt pay statutes, and other things. It would be much easier to talk via phone to discuss it. Feel free to call me and I can give you the lay of the land before you decide whether you want to proceed or not. 484-531-1701

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Apr 7, 2023

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