Define: Special Features

What Special Features Means in a Contract

Special Features is a defined or descriptive term used to flag characteristics of a person, product, service, or location that fall outside the ordinary or standard scope of what is being contracted. Rather than describing generic obligations or commodity goods, the term draws attention to what makes the subject of the agreement distinctive, whether that is a contractor's specialized certification, a product's custom configuration, or a piece of real estate's unusual topography or ecological attributes.

The purpose of including such a term is to ensure that both parties acknowledge and account for these non-standard elements when negotiating price, performance obligations, warranties, or liability. Without clearly identifying Special Features, a contract risks treating a unique arrangement as if it were routine, which can lead to disputes when expectations diverge from what was actually delivered or promised.

In practice, this term often appears alongside schedules, appendices, or exhibits that itemize the specific attributes being referenced, so that the main body of the agreement can incorporate them by reference without becoming overly detailed.

How Special Features Is Defined or Measured

Because Special Features is inherently a flexible, context-dependent term, contracts typically define it narrowly for the specific transaction at hand. A contractor agreement might define it as any skill, license, or piece of equipment the contractor possesses that exceeds baseline requirements, while a manufacturing contract might use it to describe bespoke tooling or proprietary design elements.

Measurement or verification of these features often relies on objective criteria such as certifications, technical specifications, third-party inspection reports, or documented site surveys. Some agreements attach photographic evidence, engineering assessments, or regulatory approvals as proof that the claimed Special Features genuinely exist and meet the standard described.

• Technical specifications or performance benchmarks unique to the item or service
• Certifications, licenses, or qualifications held by an individual or entity
• Physical or environmental characteristics of a location, such as natural habitat features
• Custom modifications that differ from a standard or off-the-shelf version

Where Special Features Appears in Agreements

This term surfaces most often in agreements involving individualized services or goods rather than mass-market transactions. It is common in an independent contractor agreement where the contractor's unique expertise justifies a premium rate or a particular scope of work. It also appears in supply and manufacturing contracts, real estate purchase agreements describing land with unusual environmental or zoning attributes, and licensing agreements covering proprietary technology.

Industries such as construction, real estate, and manufacturing frequently rely on this concept because projects in these sectors regularly involve site-specific conditions, custom builds, or specialized labor that cannot be captured by generic boilerplate terms. In each case, the term helps parties isolate the unusual elements of the deal so they can be priced, insured, or warranted appropriately.

Contracts governing intellectual property or confidential processes may also use Special Features to describe proprietary functionality that must be protected, sometimes cross-referencing a separate non-disclosure agreement to safeguard the details.

Why the Exact Wording Matters

Vague or overly broad references to Special Features can create ambiguity about what exactly is being promised or protected. If a contract simply states that a product has special features without listing or describing them, a dispute may arise over whether a particular attribute was actually included in the deal or merely an incidental characteristic.

Precise wording also affects risk allocation. If a contractor's special skill is the basis for a higher fee, the contract should clearly tie that skill to specific deliverables or performance standards, so that failure to demonstrate the claimed feature can be treated as a breach rather than a matter of subjective opinion. Similarly, when describing a habitat or property, exact language distinguishes between minor variations and legally significant environmental features that could trigger regulatory obligations.

Courts and adjudicators interpreting the contract will generally look at the plain meaning of the words used, so parties should avoid marketing language or subjective descriptors and instead use measurable, verifiable criteria wherever possible.

Drafting Considerations

When drafting a clause referencing Special Features, it is advisable to itemize each feature separately rather than relying on a single catch-all phrase. Attaching a schedule or exhibit that lists each feature, its specification, and any supporting documentation reduces the likelihood of later disagreement.

Drafters should also consider how Special Features interact with other clauses, such as warranties, indemnities, and termination rights. For example, if a special feature fails to materialize or perform as described, the contract should specify whether this constitutes a material breach, triggers a price adjustment, or entitles the counterparty to terminate.

Finally, parties should ensure that the defined scope of Special Features aligns with the law governing the contract and any relevant industry standards, so that the term is enforceable and not deemed too vague to have legal effect.