A reader writes: “It is not my fault that the BSC vendor failed to read the specifications carefully before signing the contract. I am only responsible to enforce the contract as written.”

You are totally correct in your statement so far as it goes. However, there is more to a contract than simply enforcing it to the letter.

Yes, the BSC rather foolishly “assumed” that once they had the contract in hand, they could talk their way out of the requirements. That was short sighted on their part since you are requiring them to apply the specifications as you choose to interpret and therefore your position is untenable. You have worded the specs to where it is a license to abuse the BSC and places an undue burden on the BSC.

For example, in a quick read, I counted the term “as needed” eight different times. I support the concept of annual tasks and frequencies for all work so that the labor can be calculated correctly. Exactly how many times per year are you going to enforce “as needed” when the BSC naively assumed once or twice per year and you are expecting it every day?

I fault the BSC for not clarifying how many times per year each task was to be performed and then quoted a dollar amount for any work beyond that set count. For example, task X is priced in for six times per year. After the sixth performance, you would pay $XX.00 per event as you request the service.

Why set the vendor up for failure? Have you calculated the cost of having to put the contract back out to bid again since the BSC may have to give you thirty days’ notice and walk away from what should have been a win/win arrangement? They should not have to subsidize the contract. You pay for everything that you require. There is no free ride.

Although you may have the contractual high ground, you certainly have failed morally to represent your company as professional company looking for a win/win outcome. You are not really looking out for the best interests of your tenants and certainly not working in partnership with the BSC.

Your comments and feedback are always appreciated. I hope to hear from you soon. Until then, keep it clean…

Mickey Crowe has been involved in the industry for over 35 years. He is a trainer, speaker and consultant. You can reach Mickey at 678-314-2171 or CTCG50@comcast.net.