Maryland maintenance service contract template

Maryland Maintenance Service Contract

Contract ID: [Number]

Date: [Date]

This Maryland Maintenance Service Contract (the "Contract") is made and entered into as of the date above, by and between:

• [Service Provider Full Legal Name], a [State of Incorporation] [Entity Type, e.g., Corporation, LLC] with its principal place of business at [Service Provider Full Address] ("Service Provider"), and
• [Client Full Legal Name], an individual residing at [Client Full Address] OR a [State of Incorporation] [Entity Type, e.g., Corporation, LLC] with its principal place of business at [Client Full Address] ("Client").

Service Provider Contact Information:

• Contact Person: [Name]
• Phone: [Phone Number]
• Email: [Email Address]

Client Contact Information:

• Contact Person: [Name]
• Phone: [Phone Number]
• Email: [Email Address]

1. Scope of Services

The Service Provider agrees to provide the following maintenance services at the property located at [Property Address] (the "Property"):

• Option A: Comprehensive Maintenance
  • HVAC System: [Specify Service Details, Frequency, Standards (e.g., quarterly inspections, filter changes, annual tune-up per manufacturer's specifications)]
  • Plumbing System: [Specify Service Details, Frequency, Standards (e.g., leak checks, drain cleaning, water heater maintenance per Maryland plumbing code)]
  • Landscaping: [Specify Service Details, Frequency, Standards (e.g., lawn mowing, shrub trimming, seasonal clean-up per local ordinances)]
  • Electrical System: [Specify Service Details, Frequency, Standards (e.g., outlet checks, panel inspections, emergency lighting tests per Maryland electrical code)]
  • [Other Service Area]: [Specify Service Details, Frequency, Standards]
• Option B: Limited Maintenance
  • [Specific Service Area 1]: [Specify Service Details, Frequency, Standards]
  • [Specific Service Area 2]: [Specify Service Details, Frequency, Standards]
  • Emergency Services (as defined in Section 8): Response time within [Number] hours.

2. Property Access

• The Client shall provide the Service Provider with access to the Property during the following hours: [Days of the Week], [Start Time] to [End Time].
• Option A: Key Access
  • The Client will provide the Service Provider with a key to access the Property.
  • Key shall be returned to the Client within [Number] days of contract termination.
• Option B: Appointment Access
  • The Service Provider will schedule appointments with the Client [Number] hours in advance.
• Special Instructions: [Specify any access codes, alarm information, or specific entry points]. The client is responsible for informing the service provider of any permit requirements needed to perform maintenance.

3. Materials and Equipment

• Option A: Service Provider Supplies
  • The Service Provider shall supply all materials, parts, and tools necessary to perform the services. Materials must meet [Quality Standard] and be of [Brand Name] or equivalent quality.
• Option B: Client Supplies
  • The Client shall supply the following materials: [List of Materials].
  • The Service Provider shall supply all other materials, parts, and tools necessary to perform the services.
• Alternatives: [Specify if alternative materials or brands may be used and under what conditions].

4. Service Schedule

• Regular Schedule: Services will be performed [Frequency, e.g., weekly, monthly, quarterly] on [Day of the Week] between the hours of [Start Time] and [End Time].
• Option A: Holiday Schedule
  • Services will not be performed on the following holidays: [List of Holidays].
• Option B: After-Hours Service
  • After-hours service is available at an additional charge as specified in Section 6.

5. Deliverable Paperwork

The Service Provider shall provide the following documentation to the Client:

• Maintenance Logs: [Specify Content, e.g., date, time, services performed, materials used].
• Inspection Reports: [Specify Content, e.g., checklist of items inspected, findings, recommendations].
• Repair Authorizations: [Required for all repairs exceeding [Dollar Amount]].
• Work Order Sign-offs: [Client signature required upon completion of each service visit].
• Warranty Documentation: [Copies of all manufacturer warranties for parts and materials used].

All documentation must be kept to align with Maryland state requirements.

6. Service Fees and Payment

• Option A: Flat Rate
  • The flat rate for the services described in Section 1 is [Dollar Amount] per [Frequency, e.g., month, quarter].
• Option B: Hourly Rate
  • The hourly rate for services is [Dollar Amount] per hour.
• Option C: Per-Visit Rate
  • The rate per visit is [Dollar Amount].

Minimum Service Charge: The minimum service charge is [Dollar Amount].

Out-of-Scope Work: Any work outside the scope of Section 1 will be estimated separately and requires written approval from the Client.

Deposit: [Dollar Amount] deposit is required upon signing this Contract.

Payment Schedule: Payments are due [Number] days from the date of invoice.

Invoicing Frequency: Invoices will be issued [Frequency, e.g., monthly, quarterly].

Late Payment Interest: Late payments will accrue interest at a rate of [Percentage]% per month.

Maryland Sales/Use Tax: [Specify if sales tax is included or excluded and the applicable rate].

7. Service Acceptance

• The Client shall inspect the completed services within [Number] days of completion.
• The Client shall notify the Service Provider of any unsatisfactory work within [Number] days of completion.
• Rework: The Service Provider shall correct any unsatisfactory work within [Number] days of notification.
• Pass/Fail Criteria: Work must comply with Maryland code compliance standards or manufacturer standards.

8. Warranty and Guarantee

• Labor Warranty: The Service Provider warrants its labor for [Number] days from the date of completion.
• Material Warranty: Material warranties are provided by the manufacturer. The service provider will assist in filing claims if needed.
• Exclusions: This warranty does not cover damage caused by [List of Exclusions, e.g., misuse, neglect, acts of God].
• Remedies: In the event of a breach of warranty, the Service Provider shall, at its option, repair or replace the defective work or materials.

9. Client Obligations

• The Client shall provide the Service Provider with access to the Property as described in Section 2.
• The Client shall provide necessary utilities, including [List of Utilities, e.g., electricity, water].
• The Client shall prepare the Property for maintenance, including [List of Preparations, e.g., moving furniture, covering sensitive areas].
• The Client shall communicate any concerns or issues promptly to the Service Provider.
• The Client shall adhere to all relevant Maryland ordinances.

10. Change Order Process

• Any changes to the scope of services, schedule, or costs must be documented in a written change order.
• Change orders must be signed by both the Service Provider and the Client.
• Change orders will include updated timelines and invoices.

11. Emergency Protocols

• Emergency Definition: [Define what constitutes an emergency, e.g., water leak, electrical outage, HVAC failure].
• Priority Call Procedure: Call [Phone Number] for emergency service.
• Surcharge Policy: Emergency service may be subject to a surcharge of [Dollar Amount or Percentage]%.
• Response Time: The Service Provider shall respond to emergency requests within [Number] hours per Maryland best practices for critical systems maintenance.

12. Insurance

The Service Provider shall maintain the following insurance coverage:

• General Liability Insurance: [Dollar Amount] per occurrence.
• Workers' Compensation Insurance: As required by Maryland law.
• Vehicle Insurance: [Dollar Amount] combined single limit.
• [Other Insurance, e.g., Professional Liability Insurance]: [Dollar Amount] per claim.
• Certificates of Insurance: The Service Provider shall provide certificates of insurance to the Client upon request.

13. Indemnification

Each party agrees to indemnify and hold harmless the other party from and against any and all claims, losses, damages, liabilities, and expenses (including attorney's fees) arising out of or related to its breach of this Contract or its negligence, except to the extent such claims, losses, damages, liabilities, and expenses are caused by the negligence or willful misconduct of the other party. This is compliant with Maryland law.

14. Confidentiality

The Service Provider shall maintain the confidentiality of the Client's business information and sensitive site details. The Service Provider shall not disclose any such information to any third party without the Client's written consent, in compliance with Maryland privacy law.

15. Term and Termination

• Option A: Fixed Term
  • The term of this Contract shall be [Number] months, commencing on [Start Date] and ending on [End Date].
• Option B: Auto-Renewal
  • The term of this Contract shall automatically renew for successive [Number] month periods unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
• Option C: Rolling Basis
  • This contract continues on a rolling month-to-month basis.

Termination for Cause: Either party may terminate this Contract for cause upon written notice to the other party if the other party materially breaches this Contract and fails to cure such breach within [Number] days of written notice.

Termination for Convenience: [Number] days written notice is required for termination for convenience.

Winding Down: Upon termination, the Service Provider shall return all property belonging to the Client and provide a final invoice for services rendered.

16. Dispute Resolution

Any disputes arising out of or related to this Contract shall be resolved as follows:

• Negotiation: The parties shall first attempt to resolve the dispute through good faith negotiation.
• Mediation/Arbitration: If negotiation fails, the parties shall attempt to resolve the dispute through [Mediation or Arbitration] in [County Name] County, Maryland.
• Litigation: If mediation/arbitration fails, either party may bring an action in the courts of [County Name] County, Maryland.
• Governing Law: This Contract shall be governed by and construed in accordance with the laws of the State of Maryland.
• Venue: The venue for any legal action shall be in [County Name] County, Maryland.

17. Compliance with Laws

The Service Provider shall comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to the Maryland Home Improvement Law (if residential), MOSH, environmental/lead/asbestos requirements, and any property management licensure or registration mandates.

18. COVID-19 Protocol

The Service Provider shall comply with all applicable COVID-19 protocols and guidelines issued by the Maryland Department of Health.

19. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Contract if such failure is caused by a force majeure event, including but not limited to acts of God, war, terrorism, or government regulation, in the context of Maryland law.

20. Consumer Protection

The Service Provider shall comply with all applicable Maryland consumer protection and home improvement statutes regarding contract form, notices, and cancellation rights.

21. Assignment and Subcontracting

The Service Provider shall not assign or subcontract any of its obligations under this Contract without the Client's written consent. All subcontractors must be appropriately licensed and insured in Maryland.

22. Waste Disposal

The Service Provider shall handle, dispose of, and recycle all waste and hazardous materials in accordance with Maryland Department of the Environment rules.

23. Warranty Transfer

The Service Provider will use its best efforts to facilitate the transfer or assignment of any applicable warranties to the Client.

24. Additional Requirements

[Specify any additional local (county or city) permit, regulatory, or reporting needs].

25. Required Disclosures and Notices

[Attach any required disclosures or notices under Maryland law, such as mechanics’ lien rights, contractor license info, and consumer protection pamphlets for residential contracts].

IN WITNESS WHEREOF, the parties have executed this Contract as of the date first written above.

Service Provider:

____________________________

[Service Provider Representative Name]

[Service Provider Representative Title]

Client:

____________________________

[Client Name]

[Client Title (if applicable)]

Notarization (if required by Maryland law):

State of Maryland, County of [County Name]

On this [Date], before me, [Notary Public Name], a Notary Public in and for said State, personally appeared [Service Provider Representative Name] and [Client Name], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained.

Witness my hand and official seal.

____________________________

[Notary Public Signature]

(Seal)

My commission expires: [Date]