- Contract for service : Contract for service
Definition : Contract for service
Contract by which a person (the provider of services) undertakes to another person (the client) to carry out physical or intellectual work or to supply a service, for a price which the client binds himself to pay to him. The provider of services is free to choose the means of performing the contract and, with respect to such performance, no relationship of subordination exists between the provider of services and the client.
Le jeudi 26 mai 2022, la webradio Condolegal a porté sur les contrats d’entretien, de rénovation ou de construction en copropriété
Pour entretenir les parties communes de la copropriété et assurer la conservation de l’immeuble, il est nécessaire pour le syndicat de souscrire à un certain nombre de contrats d’entretien ou de construction. En qualité de représentant du syndicat des copropriétaires, c’est le conseil d’administration qui a généralement le pouvoir de souscrire tous les contrats de la copropriété. Pour gérer les coûts et déterminer les obligations de chacun, il est primordial pour les administrateurs de distinguer les principaux types de contrats, à savoir le contrat à forfait, le contrat à prix coûtant majoré et le contrat forfaitaire à prix unitaire.
To maintain the common portions of the co-ownership and ensure the preservation of the immovable, it is necessary for the syndicate to subscribe to a certain number of maintenance or construction contracts. As the representative of the syndicate of co-owners, it is the board of directors that generally has the power to subscribe to all the contracts of the co-ownership. To manage costs and determine the obligations of each, it is essential for directors to distinguish the main types of contracts. This fact sheet provides an update on the most common contracts in this area, namely the lump sum contract, the cost-plus contract and the flat-rate unit price contract.
A syndicate of co-owners can sometimes evolve into a small and medium size enterprise, an SME. Even more so if it assigns personnel to the various common portions maintenance chores of the immovable. Yet, people hired by a syndicate have rights. In fact, their prerogatives are the same as those in force in the labor market. It is better to be aware of them and to understand the consequences.
In addition, the management of personnel within a co-ownership is the responsibility of the board of directors, whether it is the concierge, the security guard, the salaried manager or any other building employee. He is in charge of hiring and dismissal but also of training. He must ensure that the work done by the employees corresponds to the situation of the building knowing that the attributions can evolve over time.
The manager bound to a syndicate by a contract for services does not have the same relationship with his client as the one who has the status of a salaried employee, at the end of a contract of employment. That being said, regardless of the nature of the relationship between the parties, it is advisable to specify the contract’s terms and conditions, including its obligations and its possible renewal. This will prevent misunderstandings and possible litigation.
Terminating the contractual relationship between the manager and the syndicate of co-owners requires, at all times, an evaluation of the legal and contractual parameters. A review of the various scenarios illustrating the expiration or resiliation of a contract for services.
The condo manager must stipulate, in the contract for services, the scope and the cost of his services for the co-ownership’s day-to-day management. Day-to-day management includes the usual acts usually included in the basic package. The manager may also charge for additional remuneration for "supplementary" services. Therefore, it is necessary to specify the services included in “day-to-day management”, to avoid arguments, or having to pay unforeseen additional fees.
Every syndicate of co-owners should retain the services of a condo manager, to assist the board of directors carrying out its duties. As the needs of a co-ownership are multiple and complex he needs to be the one man band of the co-ownership and assume enormous responsibilities. This being said, there are three management modes associated with this function, namely: resident-managers (autonomous management), employees (self-management) and contractors (external manager). A review of the various missions that may be entrusted to them.
Whether the condo manager is an employee or a contractor, the relationships and his missions must be defined by a contract. This is more important, given that the work of the condo manager is not regulated by law, as a professional provider. The contract will have the virtue of confirming the mandate, the duration, the fees. As a general rule, it is up to the board of directors to set the guidelines of the management contract, according to the size and characteristics of the co-ownership. As for the terms and conditions of appointment and replacement of the manager, they are generally provided in the constituting act of the declaration of co-ownership.