CONDO LIFESTyLES
by David Mack
Essentials of Specifications, Bids & Contracts In opening a seminar presentation on the topic of contracts before a group that was comprised primarily of association board members, attorney Marshall Dickler, a principal in the law firm of Dickler Kahn Slowikowski & Zavell, Ltd., said it can be challenging to discuss contracts with those who may have had little or nothing to do with the subject previously.
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t’s difficult for people to understand concepts they do not have to deal with on a day to day basis,” he said and much of the time people that serve on their Association board of directors are not executives of companies or in a job position where they are periodically negotiating, reviewing and executing contracts as part of their duties. but, in reality, as board members of associations, “you’re running a pretty significant business no matter what
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CONDO LIFESTyLES
your budget is,” so the more you learn about contracts the better off you will be in spending association revenues wisely.
Protecting the Association’s Interests it’s important for board members to understand what is in a contract before they sign it. “You have to see that it has all the necessary provisions in it,” said Dickler “to protect the association’s interests.” Where clarity is
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lacking in such a document, “you may have to call an attorney,” to help see that the contractor is not taking advantage of you. And that’s probably most of the time unless there is a lawyer on the board because even simple looking contracts can contain complex provisions and language.
Beyond Certificate of Insurance Dickler has two major concerns about contracts. The primary one is insurance. boards should get a certificate of insurance from a contractor but caution is necessary in reviewing it as it may not be an up to date reflection of the contractor’s current coverage. “You need to call the insurance company and verify the insurance in the certificate is current and you should request that in writing,”
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