agile3
Reference & Concepts

Agile Contracts

Contracts designed to support agile delivery: flexible scope, frequent delivery and shared risk.

2 min read · Practitioner

In 30 seconds

  • Traditional contracts fix scope; agile contracts let it flex.
  • Common models: time and materials, capped, fixed price per sprint.
  • Build in regular review and exit points.

The clash

Traditional contracts fix scope, time and cost up front, which assumes requirements are known. Agile assumes they'll change. The value of customer collaboration over contract negotiation calls for contracts that allow change.

Common models

ModelFixedFlexes
Time and materialsRateScope, cost
Capped T&MMaximum costScope
Fixed price, flexible scopePrice, timeScope
Price per sprintCost per sprintNumber of sprints

Helpful clauses

  • Swap items of equal size without change requests
  • Exit after any sprint with notice
  • Shared Definition of Done
  • Regular joint reviews

Myth vs reality

Myth · Agile means no contract.
Reality · Contracts still define the relationship.
Myth · Fixed price can't be agile.
Reality · Fixed price works with flexible scope.
Myth · Lawyers won't accept agile contracts.
Reality · Many organizations now use them routinely.

FAQ

Which model is best?

Depends on trust and uncertainty; capped T&M is a common middle ground.

How do we handle disputes?

Short cycles and regular reviews surface them early.

What's a statement of work in agile?

A document describing outcomes, approach and governance, not every feature.