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Editor's Note: Landlords and tenants enter into agreements, known as “Work Letters,” delineating their respective rights and obligations with regard to tenant and landlord improvements. As with any other portion of the lease, complications can develop, so addressing potential Work Letter issues within the contract can pay dividends down the road. To illustrate some of the circumstances that may arise, and how one might deal with them at negotiation, the author has proposed six “what-if” scenarios, the first two of which were discussed in Part One of this article. She continues herein with Scenario number three.
3. What if Tenant Improvement Pricing Exceeds the Tenant's Expectations?
If the tenant is responsible for paying all or any portion of the tenant improvement costs, it will want as much control over those costs as possible. The tenant will want to ensure that:
Once the architectural and engineering drawings and other construction documents are prepared, the tenant will want the right to approve the construction documents before they are submitted to the applicable governmental authority for approval. In addition, if the applicable governmental authority requires changes to the construction documents in order to issue approvals and permits for the work, and the changes would increase the cost of the tenant improvements, the tenant will want the ability to request revised pricing and/or “value-engineer” the design of the tenant improvements to reduce costs or otherwise keep costs in line with the approved budget.
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