Q&A: Drafting a Super Contract

Q “My building has recently turned co-op and we are trying to create a contract for a new super. I would like to know if there is some type of guideline that I can follow to specify what the super's duties will be. We would feel more comfortable having something that we can follow as a guide in order to do the contract.”

—- Seeking Advice

A “Drafting an employment contract without counsel is not advisable,” says attorney Joseph G. Colbert, a partner with the Manhattan-based law firm of Kagan Lubic Lepper Lewis Gold & Colbert, LLP. “There are many important and complicated terms that are typically included in or purposefully excluded from employment contracts. Depending on your cooperative's needs and circumstances, an employment contract with a superintendent may not be advisable.

“As for some guidance regarding a duties provision, counsel may suggest that your contract say that the superintendent shall provide such services as are typical and customary for superintendents in similar buildings as well as such other duties as are customarily performed by an employee in a similar position and such other unrelated services and duties as may be assigned to the superintendent from time to time by the cooperative.

“If your cooperative's superintendent is a union member then counsel may suggest that the provision be changed to account for the fact that there is a union contract that applies and the services are pursuant to the union contract and that unrelated services may be performed to the full extent permitted under the union contract. As stated, however, I strongly suggest that your cooperative's board retain counsel.”

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