MGT 254. Contracts and Procurement Assignment 5 Writing a Personal Services Cont
ID: 410308 • Letter: M
Question
MGT 254. Contracts and Procurement Assignment 5 Writing a Personal Services Contract Introduction A contract is simply an agreement that specifies the rights and responsibilities of the signatories. It can be one sentence long or can stretch out for hundreds of pages. There are two primary factors that affect the length of a contract: 1) the size and complexity of the effort that needs to be undertaken; 2) the level of detail that the parties feel compelled to write into the written document. Clearly, while small, simple efforts can be covered by short agreements, large, complex undertakings will tend to be accompanied by lengthy, complex contracts. For example, a contract to build a nuclear power plant will be a massive document. If nothing else, the sheer quantity of detail that needs to be handled is enormous, and the act of documenting this detail will consume many pages. Beyond this, nuclear power plants have liability issues that must be incorporated into the contract – as Three Mile Island and Chernobyl showed us, they can be dangerous places. Thus the legal portion of the contract can consume hundreds of pages. Even fairly small efforts can be defined by lengthy contracts if the parties insist that nothing be left to the imagination. For example, one contract might specify that Room 222 be painted Ivory White (# 6201B, Brite Paint mix), following standard professional painting practice, while another contract might define in great detail what painting practice should be pursued (e.g., cover the furniture, remove face plates from switches, remove all hardware from doors, cover the floors with a drop cloth, etc.) The second contract will be much longer than the first. Assignment You want to hire a professional editor to help your film scripting group to put together a script for a two-hour documentary on the lives of illegal immigrants in Texas. It is estimated that the editor will be employed by your organization for three months and will be paid $250 per day. For the most part, he/she will be editing work that your colleagues have already written, or are in the process of writing. But it is clear that the editor should be able to write new material when the occasion arises. For the editor to function properly, he/she needs to attend project meetings for the project and be capable of interviewing key people when necessary. This is all the information you have been given regarding the editor’s potential chores. You are asked to write a professional services contract that both your Vice President and the editor will sign. 1. What items and issues should be included in the contract? 2. Compose a short professional services contract that your company can use on the documentary project
Explanation / Answer
Following points should be taken into account while drafting a contract.
1. Detailed account of work to be accomplished. It will include approximate length of documents and time that will have to be involved in the exercise per day. It should also include the fraction of the work to be written afresh by the editor.
2. Criteria for evaluation of the quality of work and provisions if the quality is not up to the mark.
3. Payment schedule.
4. Termination clause and notice period.
5. Conditions under which the contract will be void.
6. Jurisdiction in case of disputes.
Ans 2 :
The contract for engagement on a temporary position of Editor is executed between Mr. A and Mr B, Vice President of company X on 9th day of January 2018 on following terms and conditions.
1. Mr. A will do the editing work on the legal documents provided by the company. He will also write some part of contract as and when needed. However the total work to be written afresh will not exceed m% of total work.
2. Mr. A will be paid $250 per day for the work.
3. The period of engagement will be 90 days.
4. The payment for the work will be done on weekly basis, credited every Monday for the previous week's work.
5. Editing Work will be assessed fortnightly as per the Evaluation criteria is given in the attachment.
6. Contract can be terminated by either party on a notice of 15 days.
7. Company will have the right to terminate the contract immediately if any of the pre requirements of engagement is found to be unfulfilled ( Given in the attachment)
8. The state of Texas will be the place of jurisdiction for any disputes.
Sign- A
Sign -B
Austin Texas
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