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 ofby 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., (email@example.com) is an attorney at Sumner & Associates, P.C., in Atlanta.Clause and Effect: Construction, Remodeling, and Renovation