Chapter 26 - § 26.2 • WORK LETTER

• Jurisdiction: Colorado

§ 26.2 • WORK LETTER

A work letter is a mini-construction contract that is attached to and incorporated into the lease. It sets out the obligations of the landlord and the tenant for the construction of the premises to bring them to the condition the tenant wants them in order to conduct its business. The type of work required depends on the condition of the premises when the tenant leases them.² The changes desired may be as little as carpet and paint. More commonly, however, it involves demolishing some or all of what the previous tenant had installed and building walls, installing wiring and telecommunications cables, installing plumbing, installing carpeting and other floor coverings, and painting and installing window treatments. In a new building, where the starting point is only the core and shell of the building or the premises in "plain vanilla" condition, even more may be required. All this work is generally referred to as the "tenant finish" (or "TI" for short).

The operative language for a work letter is usually quite simple: "Landlord (or Tenant) shall perform the work in a good and workmanlike manner in accordance with the plans and specifications and all laws, including, without limitation, building and fire codes."³ Most of the work letter is about what is to be constructed and the procedure for getting the work done. The work letter is usually a separate document from the lease because it involves other people, like architects and contractors, who are not parties to...