When assigning works, written or oral, it is required by law that the parties have a „meeting of minds“ with regard to all essential concepts. While a material term may vary depending on the circumstances, the volume, price and duration of essential materials are generally concepts that require clarity to allow for the formation of a binding contract. Such certainty is not always possible, but there are still steps you can take to protect yourself. The „agreement“ refers to the VA as well as all applicable service agreements, work ranges, service orders or service level agreements („SLAs“) and all other documents expressly included in this document (together „service schedules“). The areas of work can also be initiated by phone or email, provided there is a bilateral agreement between the name of the company and the customer. The term of the contract begins on the effective date and extends until the expiry of the last period of use, unless it is terminated earlier in accordance with the agreement („Duration“). (a) proposed a work permit. Prior to the start of each fiscal year, the contracting officer or contractor provides the licensee with the necessary instructions for the implementation of the program in detail to enable the contractor to develop an estimated cost plan, scope and schedule. In addition, the contract agent may unilaterally assign work.
The contractor provides the contract officer or other designated official with a detailed description of the work, a budget of estimated costs and a schedule for the work he recommends for the coming fiscal year. If you find yourself in such a situation, it is essential that your agreement be drafted correctly. While the owner of the land may give them their right in the authorization agreement, you should nevertheless have a language regarding the price, as stated above, and specify that if the owner does not indicate the payment in a timely manner, the holder is still responsible for such a payment within the time frame provided by the agreement. This is important not only to be able to exercise a compulsory contractual right against the owner of the land, but also to have the right to register a building right against the owner`s property. Something that can prove your only lever to get paid in the end. If you are in such a situation, it is important to be as clear as possible. For example, you can and should provide a price list for work rates and different device usage rates in or in conjunction with your licensing agreement, so that the owner understands the cost of each work item, service or equipment. They can and must also provide an estimate of the price of the individual transaction or, at least, an estimate of the expected duration of the individual transaction, referring to the price list described above. As long as you do, even if you give a relatively broad estimate for that duration, it will be easier in a court to later prove that the parties had at least one meeting of minds on how the contract price would be calculated.