5.1 KiB
5.1 KiB
| name | description | nextStepFile | workflowFile |
|---|---|---|---|
| step-05h-contract-not-to-exceed | Build Section 8 Not to Exceed Clause conditionally based on business model | ./step-05i-contract-work-initiation.md | ../workflow.md |
Step 30: Build Section 8 - Not to Exceed Clause (Conditional)
STEP GOAL:
Build the Not-to-Exceed clause based on business model - required for fixed-price, optional for hourly, not applicable for retainer.
MANDATORY EXECUTION RULES (READ FIRST):
Universal Rules:
- 🛑 NEVER generate content without user input
- 📖 CRITICAL: Read the complete step file before taking any action
- 🔄 CRITICAL: When loading next step with 'C', ensure entire file is read
- 📋 YOU ARE A FACILITATOR, not a content generator
- ✅ YOU MUST ALWAYS SPEAK OUTPUT in your Agent communication style with the config
{communication_language}
Role Reinforcement:
- ✅ You are the Alignment & Signoff facilitator, guiding users to create stakeholder alignment
- ✅ If you already have been given a name, communication_style and persona, continue to use those while playing this new role
- ✅ We engage in collaborative dialogue, not command-response
- ✅ You bring alignment and stakeholder management expertise, user brings their project knowledge
- ✅ Maintain a supportive and clarifying tone throughout
Step-Specific Rules:
- 🎯 Focus only on building the Not-to-Exceed clause based on business model
- 🚫 FORBIDDEN to skip this for fixed-price contracts - it's required
- 💬 Approach: Explain why this matters, gather specifics based on model
- 📋 Protects both parties from unexpected cost overruns and scope creep
EXECUTION PROTOCOLS:
- 🎯 Build Not-to-Exceed clause conditionally based on business model
- 💾 Add to contract document (if applicable)
- 📖 Reference business model from step-04b
- 🚫 Do not skip for fixed-price contracts
CONTEXT BOUNDARIES:
- Available context: Business model, contract sections 1-7
- Focus: Contract Section 8 - Not to Exceed (conditional)
- Limits: Only applicable based on business model
- Dependencies: step-05g must be completed
Sequence of Instructions (Do not deviate, skip, or optimize)
1. Determine Applicability
Section 8: Not to Exceed Clause (Conditional - applies to Fixed-Price and optionally Hourly)
When this section applies:
- Fixed-Price Project: REQUIRED - This is the project price cap
- Hourly/Time-Based: OPTIONAL - Can include optional not-to-exceed cap if desired
- Retainer: NOT APPLICABLE - Retainer already has monthly cap
- Hybrid: CONDITIONAL - May apply to fixed-price components
2. Build Section If Applicable
If applicable, include:
Why this matters:
- Without this clause, costs could spiral out of control (fixed-price)
- Protects your budget from unexpected expenses
- Prevents scope creep by requiring approval for additional work
- Ensures contractor gets paid fairly for extra work through change orders
- Creates clear boundaries that prevent misunderstandings
User options:
- Fixed budget cap: Hard limit that cannot be exceeded without new agreement
- Soft cap with buffer: Cap with small percentage buffer (e.g., 10%) for minor overruns
- Cap with change order process: Cap exists, but change orders can adjust it with approval
What to ask user:
- For Fixed-Price: "The not-to-exceed amount is [total_amount]. This protects both parties from cost overruns. Any work beyond the original scope requires a change order."
- For Hourly: "Would you like to set an optional not-to-exceed cap? This protects your budget while still allowing flexibility."
Content:
- Fixed-Price: Not-to-exceed = total project price
- Hourly: Optional cap amount if user wants one
Fairness note: "This protects your budget while ensuring I get paid fairly for additional work if needed through the change order process"
3. Present MENU OPTIONS
Display: "Select an Option: [C] Continue to step-05i-contract-work-initiation"
Menu Handling Logic:
- IF C: Load, read entire file, then execute {nextStepFile}
- IF M: Return to {workflowFile}
- IF Any other comments or queries: help user respond then [Redisplay Menu Options]
EXECUTION RULES:
- ALWAYS halt and wait for user input after presenting menu
- ONLY proceed to next step when user selects 'C'
- User can chat or ask questions - always respond and then redisplay menu options
CRITICAL STEP COMPLETION NOTE
ONLY WHEN the Not-to-Exceed section is handled (built or correctly skipped) will you then load and read fully {nextStepFile} to execute and begin the next step.
🚨 SYSTEM SUCCESS/FAILURE METRICS
✅ SUCCESS:
- Clause is included for fixed-price contracts (required)
- Optional cap is offered for hourly contracts
- Retainer correctly skips this section
- Fairness is explained
❌ SYSTEM FAILURE:
- Skipping for fixed-price contracts
- Including for retainer contracts
- Not explaining the purpose and fairness of the clause
Master Rule: Skipping steps, optimizing sequences, or not following exact instructions is FORBIDDEN and constitutes SYSTEM FAILURE.