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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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Hello. I recently left my employer of 13 years and began a

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Hello. I recently left my employer of many years and began a computer systems consulting business. My former employer has asked for my help with a few things and I've been performing some work without a formal agreement. They are now asking I perform more significant changes which I'm nervous about making without a contract in place, should the unexpected happen. I used your site to draft what your site calls a "General Services Agreement" which I renamed "Master Services Agreement". They seem to take exception to using this document. They now want to use a simple statement of work without a master service agreement. Can protections found in a service agreement be written into a SOW? What is the purpose of a GSA or MSA?  I'm particularly concerned about limiting my liability. What do you recommend? I'm not so comfortable with this but it could be inexperience on my part.
Submitted: 5 years ago via LawDepot.
Category: Business Law
Expert:  MShore Law replied 5 years ago.
Thank you for the post, I am happy to assist you by answering your questions. By SOW do you mean Statement of Work? Also, by GSA do you mean general services agreement, and by MSA master services agreement?
Customer: replied 5 years ago.
SOW is a statement of work, GSA is general services agreement and MSA is master services agreement. Thank you.
Expert:  MShore Law replied 5 years ago.
Thank you, XXXXX XXXXX wanted to confirm we were applying the same definitions to the acronyms used. The purpose of a statement of work is to outline the services performed per the contract, and affirm/bolster the obligation to pay for such services rendered, as created per the services agreement

The purpose of a Services Agreement is to clarify that an employer/employee relationship has not been created, and it is not the intention of the parties to create such a relationship through the performance of the contract. Additionally the Services Agreement outlines the work to be performed, when such work is to be performed (schedule) and the price to paid or computation of price to be paid for such services.

If the other party is not comfortable with the agreement you presented, then request that their counsel submit an agreement for your consideration and review, and you then have that contract reviewed by a local attorney to ensure thee are no loopholes which could later be problematic for you.

Please let me know if you need additional guidance.

Customer: replied 5 years ago.
It sounds like you're saying that you would not be able to put in a SOW the legal languge respecting limits of liability and such. Lanuage related to limits of liability, no employer/employee relationship and such would not be found acceptable in a SOW. Is that correct?
Expert:  MShore Law replied 5 years ago.
While me drafting such language for you is beyond the scope of services provided via your question, it is possible to put in a SOW the legal language regarding liability limits, etc.Such language is commonly in fine print and at the bottom or reverse side of a SOW and is requested to be signed by the client.
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Customer: replied 5 years ago.
I wasn't suggesting you acctually write it for me, but just attempting to determine if this is done. It seems clear from your reply that it can be. So, I'll try that as you suggest.
Expert:  MShore Law replied 5 years ago.
Thank you, just wanted to be clear on the level of assistance I could provide. Have a great day.

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