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Construction Guidance

Landlord and Tenant Restoration Responsibilities After a Property Loss

After a loss, the building repair scope, lease responsibilities, and insurance questions should be reviewed separately and then reconciled. The contractor needs clear direction about the work; the owner and tenant need agreement on who may authorize it.

Interior reconstruction with exposed framing and protected floors

Assemble the controlling documents

Provide the responsible business and legal advisers with the lease, amendments, work letter, relevant notices, and any existing responsibility schedules. Ask them to identify applicable notice, consent, access, and restoration provisions. Do not infer responsibility from who originally installed an improvement.

Map the physical scope

Break the work into building structure and enclosure, shared systems, tenant improvements, equipment, contents, and temporary arrangements as relevant. For each item, identify the proposed scope and the parties whose decisions are needed. Leave unresolved responsibility visible rather than burying it in a lump-sum proposal.

Record authorization and payment decisions

Have the authorized parties confirm who directs each package, who contracts for it, and how changes will be approved. Insurance funding status should be recorded separately. A discussion between the landlord and tenant should not become field direction until the appropriate approval is documented.

Coordinate access and handover

Align the work with tenant operations and the agreed review process. Record areas released, retained restrictions, and items by others. Questions about lease interpretation or remedies belong with legal counsel; the construction team supplies scope, condition, and progress information.

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