The Five Steps to Successful Reconstruction and Repair Projects ..( Continued from page 13 )
4 . Select Contractor and Negotiate Contract
After a comprehensive bid package is created by the preconstruction service provider and put out for competitive bidding , the Board should review proposal packages and conduct interviews of some / all of the interested contractors . It is worth noting , the lowest price should not automatically determine the winning bid / contractor . A big-picture approach should be taken , considering not only price but previous projects of similar size and scope . Remember , usually you get what you pay for .
Once a contractor has been selected , legal counsel should assist with drafting and negotiating the contract . Careful consideration must be given to the scope of work inclusions / exclusions , project duration , homeowner coordination , and warranty provisions . After a contract has been executed , the reconstruction contractor should provide a schedule to the Board / manager and any homeowner coordination issues should be discussed and planned for immediately .
5 . Continuing / Preventative Maintenance
One of the most important and often overlooked considerations when conducting reconstruction or repairs is developing a strategy to pro-actively maintain the reconstructed or repaired elements . In most cases , reconstruction or repair contracts involve a significant expense to the association and extensive coordination efforts with homeowners . Failure to pro-actively maintain the improvements can ultimately cause an association to end up back in the same place it was in before the repairs .
Additionally , and importantly , many product warranties contain provisions requiring periodic maintenance and are voidable if the required maintenance is not performed . To address this issue , the association / manager should work with the contractor to develop a comprehensive maintenance plan and budget for the various repairs .
Conclusion
While all of this may seem overwhelming , take solace in the fact that all associations will face major repairs or reconstruction at some point during their existence . Building a team of legal , pre-construction , and construction professionals that are experienced in the various intricacies of reconstruction will assist with a smooth project from start to finish .
Contributed by : Shani Zakay is a Partner and Andy G . Ronan is an Associate with Silldorf & Levine , LLP , a law firm specializing in homeowner association representation . Silldorf & Levine , LLP | 858.625.3900 aronan @ silldorf-levine . com szakay @ silldorf-levine . com or visit www . silldorf-levine . com
14 | The HOA Board Quarterly | Issue # 18 | Summer 2017