One of One T he feature article on page 28 discusses the essential provisions all contracts should contain. But all contracts aren't alike. They differ in the concerns they address and the requirements they specify. We've provided four examples here of the unique provisions different contracts might contain. These examples don't include all the provisions each contract should include, they simply highlight some of the most important ones. CONSTRUCTION Materials to be used, quality standards to be met and quality testing required. Timetables for completing the project or project phases, specifying penalties (if any) for failing to meet those targets and incentives (if any) for beating them. A phased payment schedule that distributes funds as specified benchmarks are reached. A "retainage" provision, allowing the board to withhold a specified percentage of each payment. This will give the board leverage it would not otherwise have to encourage the contractor to complete the project and take care of any "punch list" items at the end. How change orders will be handled. How invoices will be approved. The contractor's obligation to obtain and provide any applicable warranties. LANDSCAPING How often the grass will be cut. How often fertilizer will be applied. How frequently grounds will be watered. Materials and equipment to be used. Additional tasks (planting, hedge clipping, edging) to be performed. DIFFERENT PROVISIONS FOR DIFFERENT CONTRACTS SNOW REMOVAL How much snowfall requires removal. How quickly the contractor will respond after the snowfall has ended. How often the contractor will plow during a continuing storm. Snow removal equipment and de-icing materials the contractor will use. Areas to be plowed. Where plowed snow will be stacked. Requirements, if any, to hand-shovel some areas. Where sand, salt or other de-icing material will be applied. The contractor's responsibility to repair landscaping damaged by plowing. TELECOMMUNICATIONS SERVICES Equipment and services to be provided. Charges for which the association will be billed. Ownership of the wiring and equipment. The company's obligation (in a licensing arrangement) to remove the equipment and restore the association's property to its original condition when the licensing agreement ends. The association's right to review and approve the location and appearance of any equipment the provider installs. The company's obligation to pay for any damage to buildings or harm to individuals resulting from installation and maintenance activities. LAUNDRY FACILITIES Type of equipment to be installed. Machine leasing fees. Payment mechanism. Up-front commission (if any). Vendor concessions (if any). Servicing requirements. Security requirements. September 2019 CONDOMEDIA 35