Instructions: F101™–2023, Master Maintenance Agreement

Synopsis.

AIA Document F101™–2023 is a master maintenance agreement between a client and a maintenance contractor to perform as needed or ongoing maintenance work. It is intended for use when the scope of the maintenance work will be defined through one or more work orders.

F101-2023 provides only the common terms and conditions that will be applicable to each work order. Use of the F101 plus a work order creates a contract that includes both the terms and the scope of the maintenance work.

F101-2023 is coordinated for use with AIA Document F201-2023, Work Order for As Needed Maintenance Work or AIA Document F202-2023, Work Order for Ongoing Maintenance Work. The master agreement plus work order contracting method allows multiple scopes of work to be issued quickly without the necessity to renegotiate the terms and conditions of the master agreement.

As-Needed Services. Agreements for as-needed services will generally include work associated with discrete building repair or simple building improvements (e.g., roof repairs, façade painting, parking lot striping, HVAC repairs, small building projects).

Ongoing Services. Agreements for ongoing services will generally include work associated with repetitive maintenance needs regularly performed as part of a building’s upkeep (e.g., HVAC maintenance, cleaning services, lawn care, and snow removal).

For all document details, see the summary »

Completing F101-2023.

Cover Page

Date. The date represents the date the Agreement becomes effective. It may be the date an original oral agreement was reached, the date the master agreement was originally submitted to the Client, the date authorizing action was taken or the date of actual execution.

Parties. Parties to the Agreement should be identified using the full address and legal name under which the Agreement is to be executed, including a designation of the legal status of both parties (sole proprietorship, partnership, joint venture, unincorporated association, limited partnership or corporation [general, limited liability, closed or professional], etc.). Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. Other information may be added, such as telephone numbers and electronic addresses.

Article 1   Date of Commencement, Agreement Term, and Party Representatives

  • 1.1 Unless another date is included in this section, the Date of Commencement of the Agreement is the date stated on page 1.
  • 1.2.2 Unless another term is included in this section, the Agreement Term is one year.
  • 1.3.1 Insert the name, title and other identifying information of the individual authorized to act on the Client’s behalf with respect to this Agreement. This may be the same or a different individual than the representative authorized to act on the Client’s behalf with respect to, and identified in, a work order.
  • 1.3.2 Insert the name, title and other identifying information of the individual authorized to act on the Contractor’s behalf with respect to this Agreement. This may be the same or a different individual than the representative authorized to act on the Contractor’s behalf with respect to, and identified in, a work order.

Article 3   Payment Terms

  • 3.4 Enter any agreed-upon interest rate for overdue payments. Use the first fill point to insert the number for the interest percentage, and the second fill point to enter the duration upon which the interest will be calculated (e.g., per annum, yearly, monthly, etc.).

Article 4   Insurance

  • 4.1 Contractor’s Insurance
  • 4.1.2 Indicate the applicable coverage limits for the Contractor’s commercial general liability insurance coverage.
  • 4.1.3 Indicate the applicable coverage limits for the Contractor’s automobile liability coverage.
  • 4.1.5 Indicate the applicable coverage limits for the Contractor’s employer’s liability coverage.
  • 4.1.6 If the Contractor will be required to purchase and maintain other insurance or bonds, list the insurance coverage type or bond type, and any applicable insurance coverage limit or penal sum of the bond.
  • 4.2 Client’s Insurance
  • 4.2.2 If the Client will be required to purchase and maintain other insurance, list the type of coverage and any applicable coverage limits.

Article 7   Miscellaneous Provisions

  • 7.5 Insert the requirements for delivering notice in electronic form such as the name, title, and email address of the recipient and whether the system will be required to generate a read receipt (recommended).

Article 9   Other Terms and Conditions

Insert other terms and conditions or refer to attachment(s) that contain them.

Article 10   Attachments

List any attachment(s) included in the Agreement.

Executing the Agreement

The persons executing AIA Document F101–2023 should indicate the capacity in which they are acting (i.e., president, secretary, partner, etc.) and the authority under which they are executing the master agreement. Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached.

Notes.

Dispute Resolution. In order to maintain the condensed nature of this document, arbitration and other ADR provisions are omitted, but the parties may include them under Article 9. Even if not included in the master agreement, the parties may agree to use ADR methods to resolve disputes instead of filing claims in court. For information about various methods of dispute resolution, refer to The Construction Industry’s Guide to Dispute Avoidance and Resolution, free online at https://www.adr.org/.

Use of Non-AIA Forms. If a combination of AIA contract documents and non-AIA contract documents is to be used, particular care must be taken to achieve consistency of language and intent among documents.

Reproductions. This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document. For more information, see the document footer and the AIA Contract Documents® Terms of Service.

Modifications. Particularly with respect to professional or contractor licensing laws, building codes, taxes, monetary and interest charges, arbitration, indemnification, format and font size, AIA Contract Documents may require modification to comply with state or local laws. Users are encouraged to consult an attorney before completing or modifying a document.

 

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