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Building Maintenance Service Agreement

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Maintenance Service Agreement for Rental Properties

Agreement made on the day of , 20 , between

of

,
referred to herein as Owner, and , a

corporation organized and existing under the laws of the state of with its

principal office located at ,
referred to herein as Service Provider.

For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Work to be Done

A. Service Provider will perform for Owner, in a satisfactory manner as to quality and subject to the provisions of this Agreement, the services set forth below on the rental properties located and described in Exhibit A attached to this Agreement and hereinafter referred to as Rental Properties. Said services shall consist of:

  • 1. Minor electrical repairs,
  • 2. Minor plumbing repairs,
  • 3. Maintenance of the grounds of the Rental Properties, and
  • 4. Minor carpentry.

B. To effect the provisions of this Section, Service Provider's personnel will regularly inspect the Rental Properties and the work done by Service Provider's employees and will exercise complete authority over all such employees.

2. Labor and Equipment

A. Service Provider will furnish all labor, equipment, and materials necessary to the performance of its duties under and pursuant to this Agreement, except such equipment and materials as are provided by Owner, as set forth in Exhibit B attached to this Agreement.

B. Service Provider may use such equipment or materials provided by Owner as is necessary to the careful performance of its duties under and pursuant to this Agreement, but should such equipment or materials be lost, damaged, or destroyed, Service Provider will reimburse Owner for the replacement of such equipment or materials with equipment and materials of equal value and for costs and expenses incident to such replacement.

3. Time of Work

A. Service Provider will perform its duties under and pursuant to this Agreement during the hours of (time) to (time) daily.

B. In any event, Service Provider will perform its duties in such manner as to avoid inconvenience to the users of the Rental Properties and interference with Owner's operations.

4. Compliance with Law

Service Provider will secure all permits required to perform its duties under and pursuant to this Agreement and will comply with all applicable workers' compensation, employer's liability, and other federal, state, county, and municipal laws, ordinances, rules and regulations.

5. Indemnification of Owner

A. Service Provider will indemnify Owner against any and all liability, demands, claims, suits, losses, damages, causes of action, fines or judgments including costs, attorney's and witnesses' fees, and expenses incident to the same, for injuries (including death) to persons or property arising out of or in connection with Service Provider's performance of its duties under and pursuant to this Agreement, unless caused by the gross negligence or willful misconduct of Owner.

B. Owner will give Service Provider prompt written notice of any such demand, claim, or suit against Owner, and Service Provider shall have the right to compromise or defend any such demand, claim, or suit to the extent of its own interest.

6. Workers Compensation Insurance

A. Service Provider shall also provide and keep in force, at Service Provider sole expense, workers' compensation coverage:

B. Service Provider will cause the insurance company or companies to furnish Owner with certificates of such policies detailing the coverage in such insurance, with copies of such certificates to be delivered to Owner concurrently with execution of this Agreement by Service Provider.

7. Termination for Default

If Service Provider does not obtain the insurance described in Section 6 or if Owner is not furnished at the time specified with the requisite insurance certificates, or if the above-described insurance is terminated, altered, or changed in a manner not acceptable to Owner, then this Agreement may be terminated by Owner, without penalty, on days' written notice to Service Provider.

8. Payment to Contractor

Owner will pay Service Provider $ per week within days after receipt and approval of Service Provider's statement for services rendered under and pursuant to this Agreement.

9. Duration of Agreement

This Agreement shall become effective on the date stated above, and shall continue until terminated by either party on days' written notice to the other.

10. Suspension

A. Without affecting any right of termination set forth in this Agreement, either party may suspend this Agreement at any time because of strike of its personnel, war, declaration of a state of national emergency, acts of God or public enemy, or other cause beyond the control of such party, by giving the other party written notice of suspension and reason for the same.

B. Payments to be made and services to be rendered under and pursuant to this Agreement shall not become due during a period of suspension.

C. Owner may secure the services contemplated by this Agreement from another source during any period in which Service Provider suspends performance under this Agreement.

11. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

12. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of

13. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

14. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

15. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

16. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

17. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

18. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

19. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.

(Printed Name & Signature of Owner)

By

(Name and Office in Corporation)

Attach Exhibits

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What the Building Maintenance Service Agreement Is

A Building Maintenance Service Agreement is a written contract that defines ongoing maintenance, repair, and inspection services for a commercial or residential property. It sets the scope of work, pricing and payment terms, scheduling, service levels, exclusions, and responsibilities of the owner and the maintenance provider. The agreement typically addresses emergency response, spare parts and materials, subcontracting, insurance, indemnification, and termination, and may include reporting and performance metrics. Properly drafted, it reduces disputes, clarifies expectations, and establishes measurable remedies for missed obligations and service-level failures.

Why a Formal Agreement Matters

A Building Maintenance Service Agreement allocates responsibilities, fixes predictable costs, and documents response times and remedies. It protects both parties by defining insurance, liability limits, warranty terms, and procedures for change orders, dispute resolution, and orderly termination.

Why a Formal Agreement Matters

Who Commonly Uses This Agreement

Facility managers, property owners, maintenance contractors, and building engineers commonly create, review, or sign a Building Maintenance Service Agreement to manage ongoing services and compliance.

  • Commercial property owners seeking predictable maintenance budgets and enforceable service standards.
  • Facility managers responsible for scheduling, vendor performance, and compliance with building codes and tenant obligations.
  • Maintenance contractors and vendors that need clarified scope, payment terms, insurance, and liability limits.

Essential sections to include

A professional Building Maintenance Service Agreement groups clauses that define expectations, reduce operational risk, and enable measurable enforcement of services.

Scope

Describe specific tasks, routine inspections, preventive maintenance activities, exclusions, covered systems, and deliverables. Clear itemization prevents disagreement over whether a repair or replacement is included or billable as an extra.

Service Levels

Set response times for emergencies and routine requests, define metrics for resolution, specify remedies or credits for missed SLAs, and include escalation and reporting procedures.

Payment Terms

Specify rates, invoicing frequency, accepted payment methods, late fees, reimbursement for parts, any retainers or minimum monthly charges, and the dispute resolution process for invoices.

Insurance

Require vendor to maintain general liability, workers' compensation, and property-damage coverage with minimum policy limits. Specify additional insured status, certificate delivery timing, and notification of cancellations.

Termination

Detail notice periods, cure windows, termination for convenience or cause, post-termination responsibilities, final accounting, and obligations for staged wind-down of services.

Liability & Indemnity

Allocate risk with indemnity clauses, limits on consequential damages, warranty disclaimers, and explicit responsibility for subcontractors and third-party claims to reduce litigation exposure.

Helpful supporting exhibits and forms

Appendices and standardized forms make terms operational and reduce disputes by clarifying prices, schedules, insurance evidence, and change order handling.

Exhibit A - Pricing

Include detailed labor rates, parts markups, travel charges, and conditions for rate changes (for example CPI-based adjustments or anniversary increases) to avoid future billing disputes.

Exhibit B - Schedule

Provide a calendar of preventive maintenance tasks, inspection frequencies, planned outage windows, and tenant-notification lead times so parties can coordinate access and staffing.

Attachment - Insurance Certificates

Attach current liability and workers' compensation certificates, specify required limits, additional insured endorsements, and procedures for providing replacement certificates before policy expiration.

Change Order Form

Standardize change orders with a form that documents scope adjustments, pricing, approvals, and revised timelines to ensure consistent authorization of extra work.

Step-by-step: completing and executing the agreement

Follow these steps to draft, review, approve, sign, and distribute a Building Maintenance Service Agreement to minimize errors and implementation delays.

  • 01
    Assemble parties: Gather legal names, contacts, and insurance details.
  • 02
    Define scope: Itemize services, exclusions, schedules, and deliverables.
  • 03
    Set payment terms: Specify rates, invoicing cadence, and late fees.
  • 04
    Sign and distribute: Obtain authorized signatures and circulate executed copies.

Typical e-signature workflow settings

Configure your electronic workflow to enforce signer order, required fields, authentication strength, reminders, and archival rules for executed agreements.

Field Configuration
Signer Order Sequential or parallel signing workflow
Required Fields Signature, date, initials, and acceptance checkboxes
Authentication Email link, SMS code, or knowledge-based authentication
Reminders Auto-reminders and escalation emails

Typical routing from draft to archived agreement

A standard process routes the draft through review, approval, signature, and secure storage; automation reduces manual handoffs and improves auditability.

  • Drafting: Create contract text and append exhibits.
  • Internal review: Legal, operations, and procurement verify terms.
  • Signatures: Authorized parties sign via wet or electronic methods.
  • Distribution: Provide executed copies and archive with audit trail.

Technical and integration considerations for e-submission

Select an eSignature platform that supports required file formats, integration with business systems, strong authentication, and retention of audit trails for compliance.

  • File Formats: PDF, DOCX, and HTML supported
  • Integrations: Salesforce, Microsoft 365, NetSuite, Procore
  • Authentication: Email link, SMS code, SSO, and two-factor

Review platform capabilities for audit trail detail, encryption, API access, and any required BAAs for HIPAA compliance; confirm integration support for your document management and ERP systems before finalizing workflow settings.

Key security and compliance elements to capture

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Timestamps, IP, signer actions recorded
HIPAA Readiness: BAA available when handling PHI
21 CFR Part 11: Support for FDA-regulated digital records
SOC 2 / ISO: SOC 2 Type II and ISO 27001 certifications
Accessibility: WCAG 2.0 Level AA compliance

Common drafting and operational pitfalls

  • Overly broad or vague service descriptions that fail to list exclusions, causing disputes about whether specific repairs or parts are included or billed separately.
  • Failing to require vendor insurance certificates and additional insured endorsements before work starts, which exposes the owner to potential liability for worker injuries or property damage.
  • Not defining response and resolution times for emergencies versus routine maintenance, which makes it difficult to hold contractors accountable for downtime or safety risks.
  • Omitting a clear change-order process and pricing methodology, which leads to scope creep, unexpected charges, and disputes during long-term service relationships.

Consequences of an inadequate agreement

Unclear Scope: Leads to disputes and extra costs
Missing Insurance: Exposure to third-party claims
Improper Signatory: Potential unenforceability
No Termination Clause: Lengthy disputes and costs
Absent SLA Metrics: No penalty for poor performance
Incorrect Dates: Affects notice and liability periods

Key dates to track for contract management

Track these key dates and deadlines to ensure timely contract commencement, renewals, insurance updates, scheduled maintenance windows, and termination notices.

Effective Date and Term:

Contract start date and duration or renewal terms.

Renewal Notice Deadline:

Specify number of days before expiry for notice.

Insurance Renewal Date:

Vendor must provide updated certificates prior to expiry.

Scheduled Maintenance Windows:

Regular interval dates for preventive tasks and inspections.

Termination Notice Period:

Number of days required to terminate for cause or convenience.

Key milestone sequence from negotiation to archived agreement

Use the milestones below to track progression from initial proposal through signature, onboarding, and archival of the executed agreement.

01

Proposal and Drafting

Prepare the initial draft and pricing exhibits for review.

02

Internal Approval

Legal, procurement, and operations sign off on terms.

03

Execution

Obtain authorized signatures and complete notarization if required.

04

Onboarding and Archival

Provide executed copies, schedule first maintenance, and archive with audit trail.

eSignature pricing and feature comparison

Compare common pricing and feature criteria relevant to executing Building Maintenance Service Agreements; signNow is listed first per vendor ordering rules.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-world examples of how organizations use this agreement

These short examples illustrate practical use cases and operational outcomes when Building Maintenance Service Agreements are applied in different contexts.

Property Management

A regional property manager used a standardized maintenance agreement to centralize vendor terms and scheduling

  • centralized templates reduced administrative follow-up by multiple staff members
  • the agreement enabled clearer billing, faster dispute resolution, and consistent SLA enforcement across 120 buildings.

Healthcare Facility

A mid-sized clinic required contractors to sign a BAA and follow infection-control schedules

  • adding a BAA clarified data access and privacy responsibilities
  • this reduced compliance risk and documented vendor obligations during audits and inspections.

Frequently asked questions and quick answers

Answers to common legal, signing, and operational questions about Building Maintenance Service Agreements and electronic execution.


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