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The “As-and-When” Contracts – How to Contract when the Scope and Timing of Work is Uncertain

As published in Northern Construction Connection July 2020 Newsletter

The variety of contract models that may be used for construction work is reflective of the broad range of projects undertaken by the industry and the flexibility needed to address pricing options.  Where owners may require ongoing, but sporadic, maintenance services, or multiple routine pieces of work, or relatively small-value projects, the frequency, timing, value and scope of the work of individual assignments may not be fully known in advance.  An option for parties wanting to engage in such projects may be to enter into “as-and-when” contracts…

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