Chapter 26 - § 26.13 • TENANT'S CHECKLIST

• Jurisdiction: Colorado

§ 26.13 • TENANT'S CHECKLIST

[ ] If improvements need to be constructed on the premises prior to occupancy, consider using a work letter, attached as an exhibit to the lease.

[ ] If the work letter does not contain a list of the plans and specifications, provide the mechanism by which they will be prepared.

[ ] Divide the tenant finish between the landlord's work and the tenant's work. Include an exhibit that describes the landlord's work in detail to eliminate surprise and disputes.

[ ] Define the schedule for completing the tenant finish. Make sure the work schedule is realistic. Consider adding a fixed date for completion of the landlord's work and imposing a penalty for each day of delay. Seek actual and consequential damages caused by any delay of the landlord.

[ ] Consider designating representatives for the landlord and tenant in completing tenant finish process.

[ ] Get the landlord involved early in the space-planning process.

[ ] Ask that the landlord be deemed to have approved materials if the landlord fails to respond within a specified time. Provide that the landlord's approval "not be unreasonably withheld, conditioned, or delayed." Ask that the landlord not be allowed to disapprove something that it approved in a previous submittal.

[ ] If the landlord charges to supervise work, negotiate for a low rate.

[ ] If the landlord performs the work, ask for the right to inspect construction as it progresses and register complaints, to avoid any negative consequences of delay, and to have some remedy for delay.

[ ] During the tenant's work, ensure that power is available to the premises and that there are sufficient staging areas for the work. Provide for access to freight elevators, if applicable.

[ ] Ask for a survey of the lands and plans and specifications of the building.

[ ] If the tenant is to be charged with delay, ask that notice of the delay be given shortly after it occurs. Ask for a force majeure clause to excuse delays beyond the tenant's control.

[ ] Qualify a landlord's force majeure clause by...