Contract Stipulations

Started by LetA • 7 replies • 98 views

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LetA (Nevada)
Posts: 2,679

Posted:

Does anyone put contract stipulations with vendors to ensure work is completed on time and not neglected
Aside from rain and other inclement weather events?

I feel it is necessary to put vendors on blast that they are not to start a projects, stop work on it for days, weeks etc
and come back to it

I want a start date and expected end date and a inclement weather policy, this is aside from any unforeseen complications
and those should be in the contract as well.

As I predicted, it's happening again.

MichaelS56 (Minnesota)
Posts: 859

Posted:

We put in the specifications in a document that the contractors receive before their bid. Start date, end date, days of the week, hours of the day, etc. We then receive bids and review their contract specs to make sure that it meets what we want.

DeanJ
Posts: 1,786

Posted:

It sounds like you want better service and don’t expect to pay more for it.

You can propose any terms you desire in a contract, but you should also expect a higher cost. If you negotiate the agreement and at the latest minute try to add additional terms, the contractor can accept, walk, or propose a price increase.

If these terms is what you want, be up front in the beginning of the process.

SheliaH (Indiana)
Posts: 6,964

Posted:

What Michael said.

Are you saying your board has NEVER put start and stop dates, language on how changes are to be handled, etc? You can look at any consumer protection website and find tips on what contracts like home improvement projects should have. At least, have your attorney review the contract for big, hairy, expensive project before they're signed.

If you're on the board, you need to point these things out- loudly, if necessary. If that's the advice you're looking for on how to address this, that's mine - do what you like with it. I don't have any magic words you can say to sway your colleagues, but you might want to remind them of the following:

This is everyone's money, including yours, and it's not a bottomless pit. I'm sure you wouldn't hire a contractor without similar terms for your own home - why do you think think this is optional for the association?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By SheliaH on 02/15/2025 8:40 AM
What Michael said.

Are you saying your board has NEVER put start and stop dates, language on how changes are to be handled, etc? You can look at any consumer protection website and find tips on what contracts like home improvement projects should have. At least, have your attorney review the contract for big, hairy, expensive project before they're signed.

If you're on the board, you need to point these things out- loudly, if necessary. If that's the advice you're looking for on how to address this, that's mine - do what you like with it. I don't have any magic words you can say to sway your colleagues, but you might want to remind them of the following:

This is everyone's money, including yours, and it's not a bottomless pit. I'm sure you wouldn't hire a contractor without similar terms for your own home - why do you think think this is optional for the association?

I thought so
This is one of the reasons why we need to get a new property manager, Our PM said we can't put those kind of demands on a contractor.
I signed off on the bid, not contract just a bid for the work. What they're doing, labor, naterials.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Contractors or vendors would not be wise to incorporate penalties into any deals with any HOA board, especially companies with healthy job portfolios as HOAs can be a necessary nuisance to do business with.

The HOA board will get lower caliber bidders if the start date, stop date and other penalty-inducing terms are required because these bidders "need the work" so badly as to put themselves at risk. Also, lower caliber bidders are more likely to partially engage in a project, delay and deliver late results. That said, a contractor should be able to communicate a starting time window and expectation of time needed to finish the job as well as be able to articulate if they need to pause work to start other projects. Of course, this is part of the discussion.

The HOA property manager may have a poor rolodex, the HOA board have no community or business connections to vet properly or both. A little "ground game" by community leaders w/ a property manager facilitating paperwork to get the job signed is the best strategy. Good vetting will improve outcomes and make contract demands moot.

SheliaH (Indiana)
Posts: 6,964

Posted:

Quote:

Posted By LetA on 02/15/2025 11:07 AM

Posted By SheliaH on 02/15/2025 8:40 AM

I thought so
This is one of the reasons why we need to get a new property manager, Our PM said we can't put those kind of demands on a contractor.
I signed off on the bid, not contract just a bid for the work. What they're doing, labor, naterials.

Fascinating. Did anyone ask the property manager why such items can't be requested? The property manager works for the association, not the other way around, so the thing to do is to prepare a request for proposal (RFP), send it to potential contractors, do your due diligence in checking for the appropriate licenses and bonds, review the bids, make your decision and then review the contracts before it's signed.

Note, I said contract, not bid. One states things like your timeline, budget, background on the association, when the bid is due, etc. You may adjust some things if they aren't being addressed (e.g. your budget us unrealistic), but when it comes to the contract, that can be negotiated or you keep looking.

It's one thing if weather becomes a factor because no one can predict that or something unforeseen is revealed as the work gets underway, but you don't enter into a contract, only for the contractor to start work when he or she feels like it. If the work is delayed, I expect to be informed and if it draws out my completion date, there should be a price adjustment, depending on the reason.

It may be your property manager has or had a brain worm on this matter like RFK Jr., but frankly your board isn't much better because some (most?) aren't paying attention. You can replace the property manager, but how will one fix the foolishness of this board???

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

KerryL1 (California)
Posts: 14,550

Posted:

Lotsa good advice here, LetA. As I recall, you're familiar with Cali's HOA attonry website Davis.stirling.com. While much of it deals w/CA statutes,etc., there also are other very good tips about HOAs that can be useful in any state. Check their information & advice on "Contracts."

I'm curious why you never state upfront on your posts that you're on the Board and have been for quite some time, LetA.

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