“When the Scope Creeps, So Do the Risks” — How Mismanaged Contracts Turn Into Litigation

By Jesse David Eisenberg, Esq. | JDE Law Firm, PLLC

In business, the real cost of a vague contract isn't just confusion — it's litigation.

Scope creep — the silent expansion of work, tasks, or expectations without clear agreement — is one of the most common (and costly) contract pitfalls. It starts with a favor and ends with a lawsuit.

What Is Scope Creep?

Scope creep happens when additional work or services are provided beyond the original agreement, often without formal approval or compensation. This happens frequently in:

• Construction and renovation projects
• Consulting and marketing services
• Partnerships without operating agreements
• Vendor and subcontractor relationships

How Scope Creep Leads to Litigation

Every time a client says “Can you just add this one thing?” and you say yes without a change order, you expose yourself. If there’s no documentation, courts may assume the extra work was either voluntary or included — and deny your claim for payment.

On the flip side, businesses who receive incomplete or delayed work often refuse to pay full price — claiming breach or non-performance. Both sides lose. The contract should’ve protected them.

Real Clauses That Prevent Real Lawsuits

• Defined Scope Exhibit: Attach a detailed schedule of work, milestones, or deliverables. Reference it in the body of the contract.
• Change Order Clause: Require all additions or revisions to be approved in writing before any work begins. No exceptions.
• Payment Milestones: Tie payments to phases of work — not vague completion.
• Time & Delay Protections: Clarify how added scope impacts deadlines and pricing.

Signs Your Contract Isn’t Strong Enough

• It has no exhibit or defined deliverables
• “Scope” is just a paragraph in vague terms
• There’s no mention of how to handle scope changes
• Your client communications act as “contracts by email”

How We Help

At JDE Law Firm, we help businesses upgrade their contracts to eliminate ambiguity, enforce change orders, and — when needed — pursue legal remedies for unpaid work or unjustified non-payment.

Whether you're a contractor, consultant, service provider, or landlord, protecting the scope is how you protect your business.

My business is to protect your business.