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PLAYBOOK TEMPLATES

Construction Build-Out Agreement

A Construction & Build-Out Agreement governs property improvements or fit-outs between owner and contractor. This playbook discusses scheduling, change order processes, and liability for defects.

Premises Description

Why This Matters: Ambiguity in property description can lead to disputes over usage rights, access, or maintenance obligations. Clear definitions prevent costly disagreements and litigation.

Negotiation strategy

If you're the Tenant:

Ensure the premises description is comprehensive, including all relevant legal descriptions, floor plans, and surveys. This will protect against future disputes and ensure clarity in the lease terms.

If you're the Contractor:

Review the premises description carefully to confirm it matches your understanding of the leased space. Request additional documentation if any part of the description is unclear or incomplete.

Essential elements

1

Property Boundaries

Defines the limits of the property.
2

Included Spaces

Lists all areas included in the lease.
3

Legal Descriptions

References legal documents for clarity.

Action framework

ACCEPT

Propose edits if the description lacks clarity or omits key areas.

EDIT

Reject if the description is vague or misleading, risking future disputes.

ADD

Add detailed descriptions if missing to ensure comprehensive coverage.

PRO TIP

Always cross-reference the premises description with physical inspections and legal documents to ensure accuracy.

Example clauses

FAVORABLE

Comprehensive Premises Description

"The premises include the entire second floor of Building A, as depicted in Exhibit B, including all common areas and access rights."
NEUTRAL

Basic Premises Description

"The premises consist of Suite 200, as shown on the attached floor plan."
UNFAVORABLE

Vague Premises Description

"The premises are located at 123 Main Street, with no further details provided."

Fallbacks

Complex Property Layouts

In cases involving multiple buildings or floors, ensure each area is clearly defined and depicted in attached documents to avoid confusion.

Shared Spaces

When premises include shared spaces, clearly outline usage rights and maintenance responsibilities to prevent conflicts.

Renovation or Construction

If the property is under renovation or construction, include provisions for access and changes to the premises during the lease term.
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