Chapter 26 - § 26.12 • LANDLORD'S CHECKLIST

• Jurisdiction: Colorado

§ 26.12 • LANDLORD'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. The work letter should contain (1) a definition of the landlord's work and the tenant's work; (2) a list of the plans and specifications or the mechanism by which they will be prepared; (3) the schedule for completing the tenant finish, resisting a fixed date for completion of the landlord's work and any damages for delay; (4) representatives for the landlord and the tenant; (5) an inspection, punch list and acceptance process (see below); and (6) a limited warranty (see below). Make sure the work letter is consistent with the provisions of the lease relating to delivery of possession, commencement of the term and rent, acceptance and condition of the premises, insurance provisions, and the alterations, maintenance and repair, and surrender clause (especially as to ownership of the improvements).

[ ] Become involved early in the space planning process. Charge the tenant for the cost of reviewing each submittal. Resist a tenant's request that silence is deemed acceptance. The tenant cannot make a change after the landlord has approved a submittal. Disclaim liability for the landlord's review.

[ ] Consider requiring that the landlord's contractors do all the work or the work at least as to the structure, roof, and building systems. If the tenant is doing part of the work, (1) reserve the right to supervise work done by the tenant and charge for such supervision and keep control over the timing of the tenant's work and coordination with the landlord's work; (2) require the tenant's contractors and subcontractors to be served with notices of non-liability and lien waivers on payment and post notices in accordance with law; (3) consider increasing the security deposit or requiring the tenant to obtain payment and performance bonds; (4) require the tenant to obtain builder's risk insurance and possibly an increased amount of liability insurance; and (5) include any necessary rules and regulations for the construction period.

[ ] In the event of delay, provide that...