When you’re contracting for development of one software application or multiple apps, it’s important to structure your software agreement so that the scope of work and any changes to it are easily understood by the parties (and legally enforceable).
Whether you’re the client or the software developer, one of the first things to decide is how many projects will be covered by the single agreement.
Now if it’s development of just one app, the simplest layout would be to attach the scope of work for that application as an exhibit to the contract that’s being signed.
But what if you want the contract to cover multiple software development projects over time between the same parties?
In that case, it makes more sense to have a Master Services Agreement (“MSA”). Attached to the MSA would be an initial project Work Order that contains the scope of work only for the first app to be created.
During the term of the MSA, each new app project would have a separate Work Order created and signed by the parties. The Work Order would reference back to the MSA that governs it.
Whether the agreement is structured for a single app or multiple apps, one of the best ways to modify the requirements during performance is by written Change Orders signed by the parties. Because Change Orders prevent misunderstandings that would otherwise occur if the changes were authorized orally or informally by email conversations.
If you need help with your software development agreement, perhaps it’s time to set up a phone consultation with Software Lawyer Mike Young.