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Contract Provisions

INTRODUCTION

• Parties
• Names
• Addresses
• Nature of parties
• Basis for Contract
• Corporation Act
• Declaration
• Statute or Act

SCOPE OF SERVICES

• Statements regarding scope of services
• Broad scope
• Reference to standard specifications
• Reference to specification
• Reference to blueprints
• Detailed Specifications
• Blueprints

PAYMENT SCHEDULE AND BILLING

• Detailed statement of payments
• Number of payments
• Time for payments
• Single or multiple payments
• Billing Requirements
• Detailing of bill
• Who is to be billed
• Timing for billing
• Timing for payment

COMPLETION SCHEDULE, TIMING & CREWS

• Dates for completion
• Single date for entire project
• Separate dates for separate events
• Times for Services
• Beginning time each day
• Ending time each day
• Working days
• Non-working days
• Crews
• Number of people
• Number of crews
• Amounts of equipment
• Type of equipment

PAYMENT CONDITIONS

• Invoices
• When submitted
• Time before payment
• Supporting document
• Mechanics' liens
• Architects' approval
• Manager approval
• Board approval
• Acceptance of work
• Board acceptance required
• Manager's acceptance required
• Architects' acceptance

LIENS

• No lien contract (contractor)
• Specific wording precludes lien
• Must record
• Recover attorneys' fees for filing
• No lien contract subcontractor
• Specific wording precludes liens
• Must record
• Attorneys' fees recovered if filed

CONTRACT SUPERVISION

• Independent contractor
• Best skill and effort
• Procedures and coordination by contractor
• Fees, Permits and Taxes
• Contractor to secure all fees, permits and taxes
• Contractor to pay for all fees, permits and taxes

CONTRACTOR EXPENSES AND SERVICES

• Must pay for all labor, materials, equipment, tools, transportation and facilities
• Detail quality of the services
• Highest quality
• Detail unacceptable quality
• Subcontractors
• Allowed & Not allowed
• Safety precautions

DEFECTIVE WORK

• Inspection by Association
• Inspection by manager or expert
• Defective work uncovered
• Defective work repaired or replaced
• Payment for repair and replacement of defective work
• Determination of defective work
• Consequences of failure to repair
• Completion by independent contractor

INDEMNIFICATION

• Liability indemnification
• Property
• Personal injury
• Malfeasance of misfeasance
• Workmen's compensation

INSURANCE

• Liability
• Personal Injury
• Property damage
• Workmen's compensation
• Scaffolding Act
• Auto

REMOVAL OF WASTE, STORAGE OF EQUIPMENT

• Keep premises clean and free from accumulation
• Equipment to be stored by contractor
• Equipment to be stored in designated area
• Loss is responsibility of contractor
• Upon completion have broom clean and remove equipment

DISPUTES

• Association determination final
• Determination by independent party
• No delay or stoppage because of dispute
• Payment of fees and expenses associated with dispute

TERMINATION/DEFAULT

• If work not completed
• If schedule not met
• If scope of services not provided
• If bankruptcy filed by contractor
• If contractor does not have insurance
• If contractor fails to comply with any contract terms
• If contractor does not repair or remove or fails to comply with instructions
• Completion by third party
• Contractor responsible for all extra costs
• Contractor to return all property

GUARANTEES

• Guarantee all workmanship for _________ years
• Guarantee all material for ________ years
• Repair and replace all defective work and materials at contractor's expense

GENERAL PROVISIONS

• Royalties and patents
• Time of essence
• Prior agreements merged
• Notices to parties
• Publicity limited
• Limited responsibility of board and owners
• No gratuities
• Agreement changes in writing
• Contractor has access to property for contract purposes

SIGNATURE LINE

• Signed by contractor, corporate and personally
• Signed by Association board, not by manager

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