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Maverick, Attorney
Category: Legal
Satisfied Customers: 6422
Experience:  20 years experience as a civil trial and appellate lawyer
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I am having a debate with my business partner and our legal

Customer Question

Hi, I am having a debate with my business partner and our legal counsel. We are a market research company who performs analysis of primary and secondary research. Our clients are generally Fortune 500 along with smaller consulting firms. My new business partner believes we need to initiate a Master Services Agreement with these clients. Some (many, actually) of our clients are pushing back, saying THEY will initiate the MSA, and that we, as a Vendor, are over-stepping by putting forth our own MSA. Who is right?
JA: What state are you in? It matters because laws vary by location.
Customer: Minnesota, but our clients are all over the country, some global, too
JA: Has anything been filed or reported?
Customer: meaning, are there any lawsuits pending?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, that is it
Submitted: 1 year ago.
Category: Legal
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer! My name is***** give me a few minutes to review, analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 1 year ago.

Typically the companies that would give your company repeated work contracts is the one that would initiate the MSAs as they are in the best position to determine the statement of work concepts such as:

  • Purpose: Why are we doing this project? A purpose statement attempts to answer this.
  • Scope of Work: This describes the work to be done and specifies the hardware and software involved.
  • Location of Work: This describes where the work is to be performed, including the location of hardware and software and where people will meet to do the work.
  • Period of Performance: This specifies the allowable time for projects, such as start and finish time, number of hours that can be billed per week or month, where work is to be performed and anything else that relates to scheduling.
  • Deliverables Schedule: This part lists and describes what is due and when.
  • Applicable Standards: This describes any industry specific standards that need to be adhered to in fulfilling the contract.
  • Acceptance Criteria: This specifies how the buyer or receiver of goods will determine if the product or service is acceptable, usually with objective criteria.
  • Special Requirements: This specifies any special hardware or software, specialized workforce requirements, such as degrees or certifications for personnel, travel requirements, and anything else not covered in the contract specifics.

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