Pennsylvania maintenance service contract template

Pennsylvania Maintenance Service Contract

This Maintenance Service Contract ("Agreement") is made and entered into as of [Date], by and between [Maintenance Service Provider Legal Name], a [State] [Entity Type] with its principal place of business at [Maintenance Service Provider Address], including Pennsylvania Contractor License Number [License Number] ("Service Provider"), and [Client Legal Name], residing at [Client Address] ("Client").

1. Serviced Property

The Service Provider shall provide maintenance services at the following property: [Property Address], legally described as [Property Legal Description or Parcel Number].

Any relevant Pennsylvania municipal codes or local permit numbers: [Permit Numbers, if applicable]

2. Scope of Services

The Service Provider will provide the following maintenance services:

• Option A: HVAC Maintenance: Preventive maintenance, routine inspections, repairs, and replacement of parts for the HVAC system.
• Option B: Plumbing Maintenance: Maintenance of all plumbing systems, including but not limited to leak repair, drain cleaning, and fixture maintenance.
• Option C: Electrical Maintenance: Inspection and repair of electrical systems, including wiring, outlets, and lighting.
• Option D: Landscaping: Lawn care, shrub trimming, and seasonal planting, maintenance to adhere to local codes and standards.
• Option E: Building Envelope: Inspection and maintenance of the building’s exterior, including roof, walls, and windows.

Emergency or on-call support: [Availability and Response Time]

Specific standards or benchmarks for completion: [Specific Standards]

3. Service Schedule

• Service frequency:
  • Option A: Weekly
  • Option B: Monthly
  • Option C: Seasonal
  • Option D: As needed

Permitted service windows: [Days of the Week and Hours] (considering quiet hours and local ordinances).

Scheduling changes or client approvals: [Procedure for Changes]

4. Client Cooperation

Advance notice periods for property access: [Hours/Days]

Key handover or security entry procedures: [Specific Instructions]

5. Materials and Equipment

Materials, parts, and equipment supplied by the Service Provider: [List of Supplied Items]

Materials, parts, and equipment supplied by the Client: [List of Supplied Items]

Sourcing standards and warranty information for parts used: [Details on Sourcing and Warranties]

Pennsylvania’s applicable right-to-cure requirements for defective parts or labor: [Right to Cure Clause]

6. Quality Standards and Response Times

Quality standards: [Detailed Standards]

Response times for routine calls: [Timeframe]

Response times for emergency calls: [Timeframe]

Timely completion of work: [Completion Schedule]

7. Compliance with Laws and Regulations

The Service Provider shall comply with all applicable Pennsylvania and local licensing, registration, insurance (including worker’s compensation, general liability, and property damage), and any building or environmental codes. [Policy Number and Coverage Amounts]

8. Hazardous Materials

Handling and disposal of hazardous materials, chemicals, or controlled waste: [Procedure Following Pennsylvania Department of Environmental Protection regulations]

9. Service Fees and Payment

• Service fees:
  • Option A: Recurring: [Amount and Frequency]
  • Option B: Flat-rate: [Total Amount]
  • Option C: Time-and-materials: [Hourly Rate and Material Costs]
  • Option D: Per-call: [Fee per Call]

Itemized quotation: [Attached as Exhibit A]

Pennsylvania’s sales/use tax laws and required documentation: [Tax Information]

Payment Schedule: [Monthly Invoice, Pay-on-Completion, or Milestone Billing]

Accepted payment methods: [List of Accepted Methods]

Late payment interest: [Percentage per Annum]

Pennsylvania-allowed maximum late fees: [Dollar Amount]

Consequences of nonpayment: [Detailed Consequences]

10. Warranty

Warranty for service and installed parts: [Duration]

Remedies: [Repair, Replacement, or Refund]

Limitations: [Specific Limitations]

Required disclaimers: [Disclaimers Compliant with Pennsylvania Unfair Trade Practices and Consumer Protection Law]

11. Ownership of Data

Ownership of service data, maintenance logs, diagnostic reports, and any newly installed fixtures: [Who Owns the Data]

IP or proprietary technology use-restrictions: [Restrictions]

12. Confidentiality

Confidentiality clause covering sensitive security, asset, or operational information: [Confidentiality Terms]

Limitations as permitted by Pennsylvania public records laws: [Limitations]

13. Workplace Safety

Compliance with Pennsylvania-specific workplace safety standards and OSHA regulations: [Compliance Details]

Background check or clearance mandates for maintenance personnel: [Requirements]

14. Change Orders

Process for additional or out-of-scope work requests: [Procedure for Change Orders]

Required written change orders, cost approval methods, and Pennsylvania-mandated client sign-off requirements: [Details]

15. Property Damage

Obligations for notification and remediation in case of property or environmental damage: [Notification Procedure]

Insurance deductibles, subrogation rights, and waivers: [Insurance Details]

16. Delays

Procedures for delays, service interruptions, or nonperformance: [Procedure]

Causes recognized as force majeure under Pennsylvania contract law: [Definition of Force Majeure]

Required communication steps and available remedies: [Communication and Remedies]

17. Term and Termination

• Contract term:
  • Option A: Fixed term: [Start Date and End Date]
  • Option B: Auto-renewal: [Renewal Terms]
  • Option C: Evergreen

Renewal process: [Procedure for Renewal]

Notice requirements for termination: [Notice Period]

• Termination for-cause
• Termination for convenience
• Nonrenewal
• Abandonment
• Involuntary government-ordered termination

Pennsylvania minimum notice rules applied: [Notice Periods]

18. Right to Withhold Payment

The client’s right to withhold payment or contract termination for proven nonperformance, material breach, or repeated violation of Pennsylvania state or municipal safety laws. [Conditions for Withholding Payment]

19. Indemnification and Liability

Indemnification obligations: [Indemnification Clause]

Liability limits: [Liability Limits]

Remedies for property damage, bodily injury, or business interruption: [Remedies]

20. Dispute Resolution

• Formal dispute resolution procedure:
  • Written notice and opportunity to cure
  • Negotiation
  • Pennsylvania-based mediation
  • Arbitration (if agreed): [Arbitration Details]

Pennsylvania law and state or local courts have exclusive jurisdiction, waiving out-of-state venue. [Jurisdiction and Venue]

21. Consumer Protection

Compliance with all mandatory disclosures and consumer protection requirements under HICPA or the Contractor and Subcontractor Payment Act, if applicable.

Information about home improvement fraud, contractor address, and client right to rescind.

22. Service Records

How and when service records or performance reports must be provided to the client: [Procedure for Service Records]

Whether Pennsylvania Right to Know Law applies: [Applicability]

23. Amendments

Requirement for written documentation for all changes, amendments, and waiver of any provision. [Amendment Procedure]

24. Entire Agreement

Affirmation that the contract is the entire understanding and supersedes prior agreements.

Any void or unenforceable term to be replaced by a Pennsylvania-valid interpretation.

25. Subcontractors

Handling of subcontractors: [Subcontractor Policy]

All third parties must meet Pennsylvania licensing and insurance standards.

26. Labor Agreements

Any applicable local union rules or labor agreements affecting maintenance services in Pennsylvania properties: [Applicable Agreements]

27. Digital Services

If providing digital or remote monitoring services, compliance with Pennsylvania e-signature and data transmission laws and address cybersecurity requirements for connected devices.

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

____________________________

[Maintenance Service Provider Legal Name]

By: [Name and Title]

____________________________

[Client Legal Name]