Commercial Property Services
Maintenance contracts are the legal foundation of the property owner-contractor relationship. What they include — and what they omit — determines whether disputes arise and how they're resolved.
Scope definition is the contract's most important element. Everything within scope should be explicitly listed; 'general maintenance' is ambiguous and creates disputes. List specific services, frequencies, and performance standards.
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Response time commitments should be graduated by urgency. Define categories: emergency (immediate or 4-hour response), urgent (next business day), routine (within specified timeframe). Get specific commitments in writing.
Exclusions must be clearly stated. What is specifically NOT covered under the base contract? Extras that generate change orders should be pre-priced where possible — knowing the overtime rate, hourly rate, and materials markup prevents disputes.
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Service verification creates accountability. How will you confirm services were performed? Service logs, GPS records, or inspection reports? Define verification methods in the contract so documentation expectations are clear.
Insurance requirements should be specified and verified annually. Minimum CGL coverage amounts, WSIB coverage, and automobile liability should be stated. Require certificate copies before contract start and at each annual renewal.
Termination provisions protect both parties. Define minimum notice periods, conditions that allow termination for cause, and how disputes are escalated before termination. A dispute resolution clause avoids expensive litigation over modest disagreements.