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Scope of Work. Define scope of work.
Ambiguous descriptions of the work to be performed gives rise to
disagreements and makes it difficult to hold the vendor
accountable for his work. |
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Insurance. Define the types of
insurance and
minimum limits the vendor must carry, and whether the association
is named as additionally insured on the policy. |
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Indemnity Provision. Vendor agrees
to protect the association if it gets sued because of some act or omission by
the vendor. |
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Time for Performance. If performance
dates and times are important, put them in the contract. |
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Permits and Licenses. Vendor is
required to be licensed and is required to pull permits and provide the
association with copies of both. |
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Warranties. If the vendor promises to
stand behind his/her work, be sure to put it in the contract. You should also have
the manufacturer's
warranty against defects in the products (not necessary for service
providers). |
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Mechanics Liens.
Mechanics lien
provisions should protect the
association in the event the vendor fails to pay his subcontractors or
material suppliers. (This is not necessary for agreements with towing
companies.) |
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Attorneys' Fees. For reimbursement
of attorneys' fees to the prevailing party. Without an attorneys' fee
provision, each side bears its own fees (unless there is an applicable
statute providing for fees). This provision normally benefits
associations since vendors are often the party in breach. |