Resource Highlight: MCAA’s Contract Terms and Conditions

August 18, 2023

Contracts for mechanical construction and service work lay out the rights and obligations of each party. Mechanical contractors must carefully consider the types of terms and conditions that are appropriate for the given contract to minimize risk. MCAA’s Contract Terms and Conditions highlights 18 common terms and conditions that may be appropriate for inclusion in any contract as a starting point for each company’s independent discussions with their attorney and accountant. It’s just one of MCAA’s educational resources that are free to MCAA members as a benefit of membership.

The items covered include:

  • Equipment and workmanship guarantees
  • Liability for defects in design or manufacturing
  • Work hours
  • Workplace safety
  • When the buyer assumes risk of loss or damage to equipment
  • What happens if the buyer is unable to receive material
  • Accidents, strikes, lockouts or other causes not within the seller’s control
  • Title to the equipment
  • What happens in the event of default of payment
  • Performance delays
  • Responsibility for structural capability
  • Equipment
  • Taxes
  • Unforeseen material cost escalations
  • Assignment of rights

For a full list of available Management Methods Bulletins, visit the Management Methods Bulletins page.

Have Questions or Need Personal Assistance?

Contact MCAA’s Frank Wall.

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