Master Services Agreement Canada
Remember that every agreement is different. Consult a professional advisor to start your relationship with an owner in a way that will likely be successful. cce The first important step in establishing successful long-term relationships with your ongoing customers is the negotiation and implementation of a master service agreement (MSA). The MSA defines the overall relationship between a consulting engineer and a project owner. An MSA is most often performed when it is envisaged that the engineer and the owner will enter into subsequent contracts for certain services. The advantage of this type of contract is that it allows the engineer and the owner to quickly negotiate future agreements. Guarantee. In the warranty clause, the engineer guarantees that all services provided by the engineer are free from processing errors and meet specifications. The owner can first request a warranty period of 24 months in the MSA. But even for large projects, the industry standard is 12 months. I know it`s not a particularly convincing negotiating tactic to say, “Everyone is doing it,” but it`s helpful to ask the owner to indicate exactly why it takes them 24 months instead of the usual 12 months. In some cases, the owner can only justify a period of 12 months for defects or other problems covered by the warranty.
As a consulting engineer, you try to allow changes to the key personnel list only with the agreement of the owner and engineer. This provision should be clear: a key person can only be removed by mutual agreement if that person no longer holds the position of engineer. As part of such an agreement, the engineer must be particularly attentive to who is on the list of key personnel and the role they play, which can be a challenge, given that details about the extent of the work may not yet be known or disclosed. Chad Eggerman is a lawyer with Miller Thomson LLP in Saskatoon, Saskatchewan. Email ceggerman@millerthomson.com key personnel. As a consulting engineer, your employees are the most valuable asset you have. The owner may endeavor to obtain broad discretion to remove staff and the right to terminate the MSA without justification. As an engineer, however, you should try to limit the owner`s ability by the MSA to arbitrarily remove your employees from subsequent projects. This Master Services Agreement (“MSA”) is between think Research Corporation (Think Research) and the customer indicated on the order form or the SOW customer (“customer”), collectively referred to as “parties” and individually referred to as “party”. The specific terms of service, product details and all applicable license and/or subscription terms are set out in the respective service plans at the applicable www.thinkresearch.com/ca/company-overview/msa/service-schedules, order form and sow(s) which become binding on the parties and are subject to this MSA when an order form and/or SOW are executed. Each order form and/or EACH SOW is subject to and contains the following documents in force at the time of the last update of these documents, which are collectively referred to as “agreement” and consist of (1) the order form and/or the specifications; (2) annexes and/or annexes to a service plan; (3) rollover table(s); and (4) these MSAs. In the event of a conflict, the order of priority shall be fixed as indicated above in descending order of control.
Each party agrees that the following terms apply to each order form and/or SoW that refers to that MSA: arbitration or courts? A private owner who develops a project will not want the bad publicity that follows a public feud.
