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