By AIA Contract Documents
February 2, 2023
As an owner or tenant, having the right tools to effectively communicate with your maintenance contractor can help prevent or mitigate delays, poor work quality or, or worse, disruption of your company’s business. This article identifies how a maintenance contract may help you better communicate with your maintenance contractor on your next project.
1. Capturing Special Considerations in your Maintenance Contract
Before finalizing your maintenance contract, make a plan with your contractor that includes any special considerations, including schedule considerations related to work access and restrictions, or important event dates. Then, make sure you document these important discussions in your maintenance contract. The following provisions are examples that can help you capture the plan you have made with your maintenance contractor.
(Identify any requirements for the Contractor to access the Facilities, such as security protocols or background checks.)
Work Schedule Restrictions
(List any schedule requirements regarding the Contractor’s ability to perform Maintenance Work at the Facilities. For example, indicate if the Contractor is only allowed to perform Maintenance Work during certain hours or on certain days of the week.)
2. Your Maintenance Contract Can Help You Feel Confident About the Work Performed
Even when you’ve documented the scope, schedule and other special considerations related to the maintenance work, you will want to ensure that you include language in your maintenance contract that will help you feel confident about the contractor’s performance and progress of the work. The following is an example of maintenance contract section that can help you do that:
Quality Control Program
The Contractor shall institute and maintain a quality control program designed to ensure the Maintenance Work is performed in accordance with this Agreement. The Contractor shall keep the Client reasonably informed of the progress of the Maintenance Work and shall promptly report to the Client complaints from third parties and individuals using the Facilities, and incidents related to the Maintenance Work that might adversely impact the Facilities.
3. Consider Providing a Status Report Form to Your Maintenance Contractor
Depending on the project, you may want to consider providing a status report form to your maintenance contractor to use during the performance of the work. Having a form already in place will provide a platform to facilitate important communication about the progress of the maintenance work, including any changes to the work scope, cost of the work, or complaints or incidents related to the maintenance work that may adversely impact the property.
Effectively communicating with your maintenance contractor before executing the contract and continuing through the progress of the work will help you maintain a complete understanding of the progress of the maintenance work against the documented execution plan for the work. This will lead to better performance by your maintenance contractor and, ultimately, the successful completion of the work.
AIA Contract Documents has provided this article for general informational purposes only. The information provided is not legal opinion or legal advice and does not create an attorney-client relationship of any kind. This article is also not intended to provide guidance as to how project parties should interpret their specific contracts or resolve contract disputes, as those decisions will need to be made in consultation with legal counsel, insurance counsel, and other professionals, and based upon a multitude of factors.