Its incorporation may be viewed as acceptance of the tenderer's solution which in the event may not work. If the potential for misunderstandings and therefore claims is to be avoided the starting point must be that true Entire Agreement contracts are used. Any agreed changes should be word processed into the contract before it is signed. The contract should provide for the client to direct a variation to the service requirement, subject to it being related in nature to the services being provided. The standard conditions applicable for the procurement of goods are not the same as those applicable to services contracts.
Claims can result from trying to combine the two.
The conditions need to address such issues as TUPE, the right to information at handover and use of the client's equipment and space. There is a potential for disagreement at the outset of the contract if this point has not been addressed. Specification Two of the main causes of claims emanate from poorly worded specifications and the incorrect use of defined terms. The specification is often written by someone familiar with the service requirement but not with the defined terms contained within a different section of the contract. Performance specifications can sometimes leave the door open for variations or claims resulting from known essential service requirements being omitted from the specification.