This document provides guidance on creating an effective Statement of Work (SOW) that clearly defines project requirements and leads to successful outcomes. It recommends identifying key stakeholders, understanding desired project results, and formalizing requirements before drafting the SOW. When drafting, the SOW should be incorporated into the master agreement and include provisions on scope, payment terms, deliverables, intellectual property, warranties, and change management. Finally, the document stresses the importance of project management practices like escalation procedures and knowledge transfer to ensure projects are completed as defined in the SOW.

1. Statement ofWork: Details matter ngh v.2.9 onMay11,2016
Statement of Work: Details matter
Introduction.
Welcome to this Lorman sponsored webinar, the purpose of which is to engineer an effective and
comprehensive Statement of Work (“SOW”). This primer will provide insight into strategies to
formulate a Statement of Work which leads to successful business operations, relationships, and
outcomes. The SOW is in fact, the business end of your formal agreement. A detailed and
thorough statement of the work, services, and deliverables will serve as a binnacle to lead the
navigation of a project from its inception to conclusion. The learning goals are: a) first steps in
creating a strong SOW; b) drafting considerations; and c) project management.
I. Considerations prior to entering into a SOW.
A. Identify key stakeholders and managers of the project under the SOW, coordinate
stakeholder outputs, and generate requirements with detailed verbiage.
B. Understand the desired state of the resultant work product and strategize.
a. Illustrate an ideal finished project as a blueprint for the SOW.
b. Careful consideration of contingencies in the event the designed outcome
fails during any stage of the work process.
C. Formalize and record the requirements, the ideal project state, and safety nets for
negotiation and inclusion into the SOW.
II. Drafting the SOW.
A. Incorporate the SOW into the master agreement which serves as the main terms
and conditions relating to the business relationship – the contract.
B. Provisions to consider.
a. Term and termination.
b. Purpose and scope of the SOW. Conflict resolution.
c. Project description.
d. Payment.
i. Pricing and fees.
ii. Taxes.
iii. Expenses.

2. Statement ofWork: Details matter ngh v.2.9 onMay11,2016
iv. Progress schedule.
v. Fixed or time and materials.
vi. Liquidated damages and other remedies up to termination.
e. Invoice.
i. Fixed project fee.
ii. Progress payments.
f. Assumptions.
iii. Resources.
iv. Office space.
v. Cooperation.
g. Additional terms and conditions if needed.
h. Services, deliverables, intellectual property and materials.
i. Warranties.
j. Attachments, supplements, annexes.
k. Start, end, and milestones with graphical chart.
l. Key personnel, work schedule, project management.
m. Change control.
n. Quality assurance.
i. Acceptance.
ii. Acceptance testing.
iii. Rejection.
o. Audit.
p. Other.
i. Licensing.
ii. Service Level Agreement (“SLA”).
iii. Maintenance and support.
iv. End User License Agreement.
q. Define what is not included in the scope of the project.
III. Project management.
A. File drawer or assigned manager.

3. Statement ofWork: Details matter ngh v.2.9 onMay11,2016
B. Escalation procedures.
C. Project conclusion – wind down, training, and knowledge transfer.
IV. Question and answer forum.
In order to buy or sell goods and services, businesses are often faced with entering into a master
agreement which contains one or more statements of work (“SOWs”). Frequently, the contract
and the SOW are negotiated at the end of the verbal business transaction when each party
decides to do business and then trades contractual drafts back and forth. While almost every
contract comes with potential unknown risk, SOWs can contain even more traps and pitfalls. It’s
easy for lawyers to negotiate the main terms and conditions of a contract, because they are
experts in contract law and are usually well versed in the business points of their company. The
SOW, however, can present different challenges because they are more technical and susceptible
to misinterpretation or to change orders which in turn can alter the scope and cost of the project.
Change in scope, delays, unforeseen obstacles, and many other surprises can cause problems for
the project, as well as, the business relationship. This live webinar provides insights for the
practitioner to analyze, strategies to address latent sources of error, and protections should the
project falter.