Commercial Maintenance Contracts: Scope, Response and Verification

Describe deliverables and the response process

Attach a site plan or asset list, identify included areas and define each task’s frequency or trigger. For example, distinguish inspecting a drain from cleaning it and repairing a failed pipe. State access restrictions, tenant hours and who supplies equipment or consumables.

Define emergency, urgent and routine requests by the condition and consequence. Separate acknowledging a call, arriving on site, making the area safe and completing the repair. Agree contact and backup arrangements; do not assume an immediate or four-hour response is an industry promise or a statutory requirement.

Explain pricing, changes and contractor requirements

Show what the base charge includes and which events require additional approval. Specify how call-outs, travel, disposal, parts, subcontractors and out-of-hours work are charged. Document who may approve an extra and the procedure when urgent protective work cannot wait for the usual decision-maker.

Have the owner’s insurance adviser set appropriate insurance terms for the activities involved and check the actual documentation. WSIB clearance is a separate issue: where construction clearance rules apply, it must be valid before and throughout the work. An annual certificate collection exercise can miss an expiry during a live contract.

Identify regulated trades and who performs their work. A contractor’s general service agreement should not blur the responsibilities of subcontractors or the owner’s continuing duties. Have legal counsel review liability allocation and termination terms for the actual agreement.

Make service verifiable and the exit orderly

Require a dated record of the asset or area serviced, the task performed, exceptions and remaining defects. Match evidence to the task: arrival data can support attendance but cannot prove a catch basin was cleaned or a repair was effective. Set a process for inspecting disputed work and correcting deficiencies.

Address renewal dates, notice, records handover, keys, access credentials, unfinished work and outstanding invoices. A replacement contractor needs current condition and service information. Agree how disputes are escalated, while recognizing that a clause cannot guarantee a dispute will avoid litigation.