Contract Clause Library
Out-of-scope clause
States directly that any work not listed in the deliverables or SOW requires a separate change order and additional fee before it begins.
This is the clause that makes an out-of-scope request (see the Glossary) contractually consequential rather than just an awkward conversation: it states plainly that anything not itemized in the deliverables list is billable additional work, subject to the change order process, and that the agency isn't obligated to perform it for free just because a client asked.
Sample wording
Sample language (illustrative, not legal advice)
Any request, task, or deliverable not explicitly described in the Deliverables section of this Agreement or an applicable Statement of Work is out of scope. Vendor is under no obligation to perform out-of-scope work without a mutually executed change order specifying the additional fee and timeline impact.
Red flags
- No explicit statement that out-of-scope work requires a change order before it starts, leaving the obligation implied rather than stated
- This clause present but the deliverables list itself too vague to make "out of scope" a meaningful, checkable boundary
- No fee-impact language, leaving unclear whether out-of-scope work is even billable by default or just declinable
How MarginFlow reads it
This is the other clause (alongside Deliverables) that MarginFlow's scope-comparison logic relies on most directly — it's the explicit contractual backing for treating a detected out-of-scope request as billable, not just flagging it as interesting.