Clause and Effect: Construction, Remodeling, and Renovation

CLAUSE: Construction, Remodeling, and Renovation

“Group acknowledges that Hotel may from time to time be under renovation, expansion, or remodeling. Group acknowledges that the construction stemming from renovation, remodeling, or expansion of the Hotel shall not be deemed a breach of contract by Hotel.”

EFFECT: That's Your Problem

This clause attempts to absolve the hotel of liability regardless of the amount of construction or renovation undertaken during the group's meeting dates. But if the hotel has gutted the ballroom booked by the planner and has no comparable space to offer, there may be a breach of contract.

A construction/remodeling clause should specify that the hotel will inform the group in writing of any renovation, remodeling, or construction planned over the group's meeting dates. If a contract is signed several years out, it should specify that the hotel will inform the group of any planned construction over the group's meeting dates as soon as the hotel is aware of the plans, but in no event less than six months out. This gives the group time to find alternate meeting space if necessary. If the hotel knows that it will be under construction during the meeting dates, but insists that it will not disrupt the group's meeting, ask the hotel to put it in writing.

---

Tyra W. Hilliard, Esq., (tyra@sumnerassociates.net) is an attorney at Sumner & Associates, P.C., in Atlanta.

Clause and Effect: Attrition

Clause and Effect: Cancellation Policy

Clause and Effect: War and Force Majeure

Clause and Effect: Indemnification and Hold Harmless

Clause and Effect: Construction, Remodeling, and Renovation

Clause and Effect: Dispute Resolution

Clause and Effect: Insurance

Clause and Effect: Function Room Assignments

The Five Toughest Meeting Clauses

The Five Toughest Meeting Clauses

Destinations and Legal Jurisdications

Clause and Effect: Disclosing Taxes, Fees, and Surcharges

Using Outside Contractors

Clause and Effect: Overbooking and Guest “Walking”

Clause and Effect: Use of Outside Contractors

Green Practices Clause

Clause and Effect: Conflicting Groups

Clause and Effect: Lowest Rate Clauses

Audit to Avoid Attrition

Clause and Effect: Food Donations

Americans with Disabilities Act

Clause and Effect: Early Departure Fees

Clause and Effect: Complimentary Room Nights

Clause and Effect: Hotel’s Right to Eject Troublemakers

Clause and Effect: Hotel’s Right to Modify Meeting Space

Data Security Controls

Clause and Effect: Marriott and the IATA Requirement

Clause and Effect: Establishing Credit

Clause and Effect: Putting Group Charges on the Master Bill

Clause and Effect: Third-Party Commission Clauses

Clause and Effect: Disputing Charges