Changes to the project’s scope should be treated as an entirely new agreement with the client. This means that you should fully understand the scope of the new assignment, confirm it with your client, and put it in writing. Had the designer taken the time to discuss with the homeowner the nature and extent of his responsibilities with designing the screening room, he would have learned that the interior designer had plans for the entire basement layout. The lighting designer also should have consulted with the interior designer concerning the basement plans.
There’s an overlooked and often underutilized word used to combat the expanding scope of a project: “No.” Lighting designers should not be afraid to tell their clients that they cannot or do not want to expand the scope of their duties. Had the lighting designer told the homeowner that he did not want to supervise the electrician, he most likely would not have been sued. But if you are interested in expanding the scope of your work, you must communicate effectively with your client and stay in control of your client’s demands and expectations.
Proper Contract Procedures
Regardless of whether your client is signing your contract or insisting that you sign his, it is your obligation to ensure that the scope of work is adequately defined. Far too often, general terminology is used when defining the scope of work, such as “to design and implement a formal lighting plan throughout floors 1 through 15.” This does not adequately define the designer’s scope of work. Specific language explaining your job and your limitations should be included in the scope of work section.
If, during the course of a job or project, the original scope of work changes, you must document the change in writing. While minor changes or deviations may be outlined in an email, larger scope changes should be included in a change order or as an addendum to the original contract.
Scope-creep is often the result of undocumented verbal communications. In order to protect yourself, any conversations concerning the scope of your duties or responsibilities should be put in writing. That way, if a dispute arises, you have proof of the agreement. It is not uncommon to see a lighting designer and an architect tied up for years in litigation arguing over non-payment of work done in connection with verbal scope-of-work changes.
It is very difficult for a designer to claim that he or she is entitled to payment for additional work performed if the request for the additional work is not contained in writing. In fact, much of the litigation between architects and lighting designers involves disputes where a designer believes he or she should be paid for the additional work, while the architect argues that no request for additional work was made or that the additional work falls under the original scope.
So you need to establish protocols to deal with expanding work scopes. Before the project outline begins to change, have a standard protocol set up for which to accept, confirm, and memorialize changes to the scope of work. One of the easiest ways to deal with an expansion of work is to make a habit of creating addendums to your existing contracts. The addendum should clearly spell out the expanded scope of work as well as payment terms and conditions. It should be signed by both parties and should clearly establish your rights and remedies. While the damaging effects of scope-creep cannot be eliminated, they can be managed and controlled through effective communication and proper contract procedures.