CONTRACT CLAUSES

Following is a list of some of the clauses that need to be in vendor agreements:

  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.
  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.
  Indemnity Provision. Vendor agrees to protect the association if it gets sued because of some act or omission by the vendor.
  Time for Performance. If performance dates and times are important, put them in the contract.
  Permits and Licenses. Vendor is required to be licensed and is required to pull permits and provide the association with copies of both.
  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).
  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.)
  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.

For assistance in preparing and enforcing contracts, contact us.

Updated by ADAMS KESSLER 8/9/2008

 
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