28/03/2023
Master Service Agreement against Statement of Work.
Who prevails?
Some contracts contain provisions on the precedence of SoW over MSA. In this way, the parties want to prevent a conflict of disagreements and promptly amend the agreement. This practice needs to be revised, as the underlying contract is often the result of lengthy negotiations involving legal teams and other specialists. At the same time, an SoW may result from negotiations between the parties' managers, who are unfamiliar with all the contract details. Therefore, it is the MSA that should have the upper hand in interpreting the terms of the contract.
