Suggestions to Expedite Contract Review

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  1. Don’t wait until the last minute.
  2. Send original documents.
  3. Need “contract” not “estimates” (estimates are not contracts).
  4. Need a price certain contract:
    • No contingencies or price escalators.
    • Time and material contracts need a “price-not-to-exceed” provision.
  5. Must select and initial or reject and initial contract options.
  6. Need to accept contract offer before offer expires.
  7. Need to review all attachments and incorporations by reference materials.
  8. Need a Certificate of Insurance from each contractor:
    • Diocese of La Crosse, the Parish or School and Bishop Callahan need to be listed as additional insureds.
    • Worker’s Compensation coverage is required.
    • Need current certificate (not expired before performance).
  9. The following clauses are not acceptable:
    • Indemnification or hold-harmless provisions (clauses that require us to insure the other party for their own negligence).
    • Arbitration Clauses.
    • No agreements to pay attorneys fees of contractors.
    • Choice of law and forum provisions outside of Wisconsin.
  10. The following clauses are troublesome:
    • Unlimited or automatic contract term renewals.
    • Exclusive contracts (not allow any other contractor).