Corporate aircraft are valuable assets that require meticulous care to operate safely, effectively, and in compliance with regulations. For aircraft owners, operators, and aviation businesses, it's not just about making sure the aircraft remains airworthy but also about protecting the significant investments tied to these machines.
However, when it comes to safeguarding those investments, maintenance and service agreements are often overlooked or underestimated. Without a well-drafted agreement in place, what initially seems to be a straightforward relationship between an aircraft owner and their service provider can quickly become riddled with disputes, financial risks, and operational delays.
This is where the careful drafting of maintenance and service agreements becomes essential. These agreements establish a clear framework defining expectations, responsibilities, and accountability among the parties. They provide a safeguard for both owners and service providers by reducing ambiguity, lowering the likelihood of conflict, and making sure maintenance services are carried out efficiently and professionally.
Negotiating these agreements, however, requires more than a basic understanding of aircraft maintenance. Legal guidance tailored to the aviation industry is a critical component of this process.
William G. Harger & Associates, PLLC, is a law firm uniquely positioned to assist owners, operators, and aviation businesses with drafting and negotiating these agreements. Led by attorney Bill Harger, a former pilot with more than 25 years of aviation law experience, the firm brings an understanding of the aviation industry and the relevant laws to every case.
Whether you’re maintaining a private aircraft, managing a fleet, or operating a corporate aviation business, having someone on your side who understands aircraft maintenance and protection and has experience in aviation litigation can make all the difference.
Maintenance and service agreements define the terms under which aircraft maintenance will be conducted. These agreements set the groundwork for everything from the type and scope of work to be performed, timelines for completion, and standards for workmanship to the financial terms of the relationship.
For owners and operators, a well-drafted agreement clarifies what to expect, so there are no surprises when maintenance is performed. Questions such as “What happens if a part delivery is delayed?” or “Who covers additional expenses if unexpected repairs arise?” should be addressed beforehand.
For maintenance providers, these agreements establish protections to prevent miscommunications and disputes, ultimately shielding their businesses from financial liability. A clear agreement fosters transparency and an ongoing relationship of trust between all parties.
When drafting or reviewing a maintenance and service agreement, several key components must be addressed to make sure the document fulfills its intended purpose. These include:
Scope of services: The agreement must clearly define what maintenance and service tasks will be performed. This should include routine inspections, scheduled maintenance, unscheduled repairs, overhauls, part replacements, and any other specific services relevant to the aircraft.
Compliance with regulatory standards: Given the stringent regulations governing aviation, making sure all maintenance services comply with Federal Aviation Administration (FAA) standards is critical. The agreement should explicitly state that all work will adhere to these standards and any others required by law.
Timeline and deadlines: Aviation businesses and corporate aircraft owners rely on tight schedules. An agreement should establish realistic timelines for completing services while accounting for potential delays, such as part shortages or additional repair requirements.
Cost and payment terms: Agreements should clearly outline service costs, payment terms, and processes for handling unexpected repairs or additional expenses. This can help prevent disputes over fees down the line.
Liability and risk allocation: What happens if maintenance errors occur? An effective agreement should include indemnification clauses or risk allocation provisions to protect both parties.
Termination terms: Finally, the agreement should outline how either party can end the arrangement, including any penalties or required notice.
Drafting a maintenance or service agreement is not a one-size-fits-all process. Each aircraft and each business requires a tailored approach based on factors such as the aircraft’s make and model, the owner’s operational needs, and the scope of maintenance required.
Partnering with an attorney who understands both aviation law and the practical aspects of the aviation industry helps create a thorough agreement covering all essential details. At William G. Harger & Associates, PLLC, clients benefit from more than just legal documentation.
As a former pilot, Attorney Harger brings a practical understanding of what it takes to keep an aircraft operational and compliant. His experience equips him to identify potential problem areas and draft provisions to minimize risk. His practice assists clients both in Houston, Texas, and from across the globe, including those in Switzerland, Australia, and Mexico, who rely on sound legal guidance when managing their aviation assets.
Even with a clear agreement in place, disputes can occasionally arise. Misunderstandings about maintenance records, disagreements over billing, or deviations from agreed-upon timelines can threaten relationships and lead to costly downtime.
When disputes arise, turning to experienced counsel from a firm like William G. Harger & Associates, PLLC can be transformative. The firm offers reliable guidance to resolve issues through negotiation and, when needed, litigation, always prioritizing the client’s best interests.
For both corporate aircraft owners and aviation businesses, having experienced legal support is not a luxury—it’s essential to protecting your investments and making sure operations run smoothly. Whether you’re looking to draft a new agreement or address a dispute within an existing arrangement, getting the right legal help minimizes risks and protects the value of your assets.
William G. Harger & Associates, PLLC, makes it simple for clients to take the first step by offering free consultations. This initial meeting provides aircraft owners, mechanics, and aviation businesses the opportunity to discuss their specific concerns and objectives with an experienced attorney who understands their unique industry.
Located in Houston, Texas, the firm is easily accessible to clients throughout the region and serves as a trusted resource for international clients navigating U.S. aviation law. The firm also has many international clients from around the world, including Switzerland, Australia, and Mexico.
Drafting or negotiating a maintenance and service agreement can feel overwhelming, but it doesn’t have to be. With the guidance and knowledge of Attorney Bill Harger, clients can rest assured that their agreements are structured to protect their operations, investments, and future success. Call today to discuss your aviation law needs.
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