Clarification of scope

Descriptive scope

 Descriptive scope

What it is

A general textual description of work without measurable boundaries, quantities, or completion criteria.

What it regulates

— General intent of the parties.

— Nature and type of work.

What it does not regulate

— Scope quantity or extent.

— Acceptance, completion, or performance criteria.

— Basis for pricing, valuation, or change orders.

Where it is used

— Small-scale or informal work.

— Early project or pre-design stages.

— Projects with high uncertainty or evolving scope.

Observed gap

Lack of measurable boundaries leaves scope open to interpretation.

Potential risk (legal context)

Disputes over included work, exclusions, and what constitutes additional scope.

Impact by role (legal position)
Worker Performs work beyond expectations without clear entitlement to extra payment.
Company Bears risk of scope expansion and uncompensated work.
Client No objective basis to verify completion or enforce performance.
Resolution mechanism

Contract interpretation · Statutory adjudication (where available) · Court

Status

In force

Sources
  • Provincial contract law

  • CanLII — descriptive scope jurisprudence
Measured scope

 Measured scope

What it is

A scope of work defined through measurable units such as areas, quantities, elements, or project stages.

What it regulates

— Quantifiable extent of work.

— Basis for unit-based or quantity-based payment.

— Objective measurement of work performed.

What it does not regulate

— Methods or means of execution.

— Productivity, sequencing, or speed of work.

— Quality standards absent explicit acceptance criteria.

Where it is used

— Unit-price or schedule-of-rates contracts.

— Repetitive or objectively quantifiable tasks.

— Projects with clearly defined physical quantities.

Observed gap

Measurement alone does not define completion standards or acceptable quality.

Potential risk (legal context)

Disputes over measurement methodology, included activities, adjustments, and partial completion.

Impact by role (legal position)
Worker Paid per unit but exposed to disputes over measurement accuracy.
Company Bears risk of measurement interpretation, rework, and disallowed quantities.
Client May receive work meeting quantity requirements but failing quality expectations.
Resolution mechanism

Contract interpretation · Statutory adjudication (where available) · Court

Status

In force

Sources
  • Provincial contract law

  • CanLII — unit-based scope jurisprudence

Result-based scope

 Result-based scope

What it is

A scope of work defined by a required completed outcome with explicit acceptance criteria, rather than by process or quantities.

What it regulates

— What constitutes completion.

— Conditions for acceptance of the work.

— Entitlement to payment upon achievement of the accepted result.

What it does not regulate

— Methods, means, or sequence of execution.

— Time, effort, or productivity required to achieve the result.

— Price, unless expressly defined elsewhere in the contract.

Where it is used

— Fixed-price or turnkey contracts.

— Work with objectively verifiable outcomes.

— Situations requiring predictable completion standards.

Observed gap

Acceptance criteria are often incomplete, ambiguous, or subjective.

Potential risk (legal context)

Disputes over whether contractual acceptance criteria have been met.

Impact by role (legal position)
Worker  Payment depends on acceptance of the result, not effort expended.
Company Bears risk of meeting acceptance criteria regardless of effort or cost.
Client Must rely strictly on defined criteria to confirm completion.
Resolution mechanism

Acceptance determination · Statutory adjudication (where available) · Court

Status

In force

Sources
  • Provincial contract law

  • CanLII — result-based scope jurisprudence

Hybrid scope

 Hybrid scope

What it is

A scope of work combining descriptive, measured, and result-based elements within a single contract.

What it regulates

— Different portions of work under distinct scope definitions.

— Allocation of risk across defined components.

— Use of multiple payment bases within one agreement.

What it does not regulate

— Overall project efficiency or productivity.

— Conflicts between overlapping scope definitions unless expressly addressed.

— Automatic resolution of changes affecting multiple scope types.

Where it is used

— Complex or phased projects.

— Contracts with fixed-price and variable components.

— Projects with mixed levels of scope certainty.

Observed gap

Overlapping or inconsistent scope definitions are often not reconciled contractually.

Potential risk (legal context)

Disputes arise when changes affect measured and result-based portions differently or simultaneously.

Impact by role (legal position)
Worker Unclear expectations and compensation where scope definitions overlap.
Company Elevated risk of internal inconsistency, valuation disputes, and scope creep.
Client Difficulty enforcing completion and acceptance across mixed scope elements.
Resolution mechanism

Contract interpretation · Statutory adjudication (where available) · Court

Status

In force

Sources
  • Provincial contract law

  • CanLII — hybrid scope jurisprudence

Address Canada New Brunswick Fredericton